Folder 3

Scope and Contents No. 19,567; 320 F.2d 929 (1963)Due to what he believed to be inconsistent rulings by different panels of the court in Nelson Weaver Realty Co. v. C.I.R., 307 F.2d 897 (1962), United States v. Eidson, 310 F.2d 111 (1962) and C.I.R. v. Killian, 314 F.2d 852 (1963) involving questions bearing on those presented here, Judge Wisdom, with whom Chief Judge Tuttle agreed, requested an en banc court. Judge Jones and Chief Judge Tuttle excused themselves from participation, and the remaining...