Folder 8

Scope and Contents No. 19,827, 19,828; 334 F.2d 360 (1964), cert. den. 379 U.S. 1000 (1965) Judge Rives, the dissenting panel judge, requested an en banc court to reconsider this case. As Judges Hays and Cameron, the two of the judges on the original panel, were not to participate in the en banc court, Judge Rives felt that he should recuse himself. Chief Judge Tuttle and Judges Jones, Gewin and Brown urged that he should sit. He did sit, and authored the majority opinion. It had been voted to dispense...