Monell Chronology—Part 4
Drafting Opinions: From Assignment of Opinions to
Announcement of Decision (3/6/78 to 6/6/78) |
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Documents |
Event |
Date |
HAB |
WJB |
TM |
LFP |
Other |
WEB assigns majority opinion to himself |
03/06/78 |
HAB Opinion Log |
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LFP Opinion Log? |
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WEB writes WHR assigning him the dissent |
03/13/78 |
Memo WEB to WHR |
Memo WEB to WHR |
Memo WEB to WHR |
Memo WEB to WHR |
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HAB Opinion Log |
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WJB circulates 1st draft of opinion |
04/04/78 |
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WJB 1st Draft* |
WJB 1st Draft* |
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HAB Opinion Log |
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LFP Opinion Log |
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TM notes that he will join WJB 1st draft opinion |
04/04/78 |
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WJB 1st Draft* |
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WJB recirculates 1st draft of opinion |
04/05/78 |
HAB Opinion Log |
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TM writes WJB that he will join WJB first draft. |
04/05/78 |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
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HAB Opinion Log |
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LFP Opinion Log |
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SE writes memo to LFP commenting on WJB's 1st draft. SE suggests that
LFP urge certain changes and also write a concurring opinion discussing
stare decisis and arguing for municipal qualified immunity. |
04/05/78 |
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Memo SE to LFP |
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LFP reviews and comments on WJB 1st draft opinion. SE suggests that
modifications may |
04/07/78 |
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WJB 1st Draft* |
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JPS writes WJB stating that he will jloin Parts I-A, I-B, most of I-C,
and II-A, but will not join Parts II-B, II-C, or III. He also cannot
join in the "full power" argument in I-C. |
04/10/78 |
Memo JPS to WJB |
Memo JPS to WJB |
Memo JPS to WJB |
Memo JPS to WJB* |
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Memo JPS to WJB
(2d copy) |
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WJB responds to JPS memo |
04/10/78 |
Memo WJB to JPS |
Memo WJB to JPS |
Memo WJB to JPS |
Memo WJB to JPS* |
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Memo WJB to JPS
(2d Copy) |
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KE writes memo to HAB agreeing with JPS critique of WJB 1st draft |
04/10/78 |
Memo KE to HAB |
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LFP writes WJB commenting on WJB 1st draft and suggesting changes |
04/11/78 |
Memo LFP to WJB |
Memo LFP to WJB |
Memo LFP to WJB |
Memo LFP to WJB |
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BRW writes WJB expressing views about WJB 1st draft and proper line
between official policy for which city should be liable and vicarious
liability for which it should not. He also expresses agreement with LFP
on certain points. |
04/12/78 |
Memo BRW to WJB |
Memo BRW to WJB |
Memo BRW to WJB |
Memo BRW to WJB |
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JPS writes WJB enclosing marked copies of excerpts from Monroe Brief and
arguing that WJB has misinterpreted that brief's respondeat superior
arguments |
04/12/78 |
Memo JPS to WJB |
Memo JPS to WJB |
Memo JPS to WJB |
Memo JPS to WJB |
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Monroe Brief Excerpts |
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Monroe Brief Excerpts |
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Memo JPS to WJB
(2d copy) |
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WJB writes BRW, LFP, and JPS saying he will circulate a draft to
accommodate their concerns |
04/13/78 |
Memo WJB to
BRW, LFP & JPS |
Memo WJB to
BRW, LFP & JPS |
Memo WJB to
BRW, LFP & JPS |
Memo WJB to
BRW, LFP & JPS |
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SE writes memo to LFP commenting on BRW and JPS's memos. He also passes
on WJB's chambers' unhappiness that LFP might write separately about
immunity. |
04/13/78 |
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Memo SE to LFP |
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WHR circulates 1st Draft dissent |
04/14/78 |
HAB Opinion Log |
WHR 1st Draft |
WHR 1st Draft |
WHR 1st Draft* |
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LFP Opinion Log |
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SE annotates WHR dissent and suggests that LFP should write concurrence |
04/14/78 |
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WHR 1st Draft* |
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WJB Circulates 2nd Draft Opinion |
04/21/78 |
Memo WJB to Conf |
Memo WJB to Conf |
Memo WJB to Conf |
Memo WJB to Conf |
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WJB 2d Draft* |
WJB 2d Draft |
WJB 2d Draft |
WJB 2d Draft* |
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HAB Opinion Log |
WJB 2d Draft (partial)* |
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LFP Opinion Log |
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SE recommends LFP join WJB 2d Draft but suggests further changes |
04/22/78 |
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Memo SE to LFP |
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LFP prepares draft letter to WJB and asks for SE's comments |
04/24/78 |
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Memo LFP to SE
(No copy of letter located) |
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LFP asks SE to prepare draft concurrence |
04/24/78 |
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Memo LFP to SE |
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PS writes WJB expressing "considerable concern" about WJB 2d Draft |
04/24/78 |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB* |
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WJB responds to PS concerns about WJB 2d Draft |
04/25/78 |
Memo WJB to PS* |
Memo WJB to PS |
Memo WJB to PS |
Memo WJB to PS* |
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Memo WJB to PS
(2d copy) |
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SE writes note to LFP indicating that PS is still "troubled" by WJB 2d
Draft |
04/25/78 |
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Memo SE to LFP |
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LFP drafts but does not send memo to WJB outlining continued areas of
concern about WJB 2d Draft |
04/25/78 |
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Unsent Draft Memo LFP to WJB |
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JPS writes WJB stating that he will not join parts II & IV of WJB 2d
Draft and will write concurrence |
04/26/78 |
Memo JPS to WJB* |
Memo JPS to WJB |
Memo JPS to WJB |
Memo JPS to WJB |
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PS writes WJB stating that WJB's 4/25 response reveals deep differences
between their positions requiring PS to file a statement declining to
join Part II. |
04/26/78 |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB |
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WHR circulates 2d Draft Dissent |
04/26/78 |
WHR 2d Draft* |
WHR 2d Draft |
WHR 2d Draft |
WHR 2d Draft* |
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HAB Opinion Log |
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LFP Opinion Log
(gives 4/28 date) |
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SE annotates LFP's copy of PS's 4/26 memo to WJB and recommends that
LFP not join in PS's refusal to join Part II |
04/27/78 |
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Memo PS to WJB* |
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JPS circulates 1st Draft Concurrence |
04/27/78 |
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JPS Draft Concurrence |
JPS Draft Concurrence |
JPS Draft Concurrence |
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HAB Opinion Log |
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LFP Opinion Log |
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HAB writes WJB stating that he agrees essentially with PS & JPS |
04/27/78 |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
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Memo HAB to WJB (2d Copy)* |
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BRW writes WJB stating that he intends to join and suggests minor
changes. |
04/29/78 |
Memo BRW to WJB* |
Memo BRW to WJB* |
Memo BRW to WJB |
Memo BRW to WJB |
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BRW states (to WJB only) his understanding of limits on municipal
liability for deliberate indifference and negligence. |
04/29/78 |
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Memo BRW to WJB* |
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SE prepares draft concurrence for LFP.
(No copy found. The listed document refers to the draft) |
05/01/78 |
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Memo LFP to SE 5/8/78 |
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LFP prepares draft memo to WJB (unsent in this form) |
05/01/78 |
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Draft Memo LFP to WJB |
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LFP writes WJB requesting further revisions of WJB 2d Draft |
05/01/78 |
Memo LFP to WJB* |
Memo LFP to WJB |
Memo LFP to WJB |
Memo LFP to WJB |
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Memo LFP to WJB (2d Copy) |
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PS writes handwritten memo to LFP only stating that he will not join in
Part II of WJB's draft but that he appreciates LFP's efforts to limit
that part. |
05/01/78 |
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Memo PS to LFP |
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WJB writes LFP explaining how he will accommodate LFP's request for
changes |
05/02/78 |
Memo WJB to LFP* |
Memo WJB to LFP |
Memo WJB to LFP |
Memo WJB to LFP* |
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Memo WJB to LFP
(2d copy)* |
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SE writes LFP discussing WJB's proposed accommodations and recommends
accepting the draft with those changes |
05/02/78 |
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Memo SE to LFP |
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WJB circulates 3d Draft Opinion |
05/04/78 |
Memo WJB to Conf |
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Memo WJB to Conf* |
Memo WJB to Conf* |
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WJB 3d Draft* |
WJB 3d Draft |
WJB 3d Draft |
WJB 3d Draft |
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HAB Opinion Log |
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SE types note to LFP (on WJB's 5/4 memo) pointing out one previously
unrecognized problem with the language. |
05/04/78 |
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Memo WJB to Conf* |
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Attached Pages |
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LFP writes WJB stating that he is willing to join but appends (on WJB &
LFP copies only) a note requesting one more change |
05/05/78 |
Memo LFP to WJB |
Memo LFP to WJB* |
Memo LFP to WJB |
Memo LFP to WJB* |
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HAB Opinion Log |
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LFP Opinion Log |
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TM to WJB: Joins and hopes no further changes needed |
05/05/78 |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
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HAB Opinion Log |
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LFP Opinion Log |
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KE writes HAB indicating that WJB 3d draft eliminates previous concerns,
discussing JPS's position, and indicating (per SE) that LFP will write
concurrence which HAB might think about joining |
05/05/78 |
Memo KE to HAB |
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BRW writes WJB that he will join |
05/08/78 |
Memo BRW to WJB |
Memo BRW to WJB |
Memo BRW to WJB |
Memo BRW to WJB |
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HAB Opinion Log |
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LFP Opinion Log |
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LFP writes SE commenting on SE's 5/1 draft of concurrence and asks for
changes |
05/08/78 |
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Memo LFP to SE |
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LFP prepares "rider" to concurring opinion (similar to 1st paragraph of
final opinion) |
05/08/78 |
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LFP Draft "Rider" |
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SE prepares LFP Chambers Draft of Concurrence |
05/09/78 |
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LFP Concurrence Chambers Draft |
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LFP edits Chambers Draft of Concurrence |
05/13/78 |
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LFP Concurrence Chambers Draft with LFP Edits |
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SE revises Chambers Draft of LFP Chambers Draft making some of LFP
propose changes |
05/15/78 |
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Memo SE to LFP |
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LFP Concurrence Chambers Draft 2 |
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PS writes WJB stating he will join |
05/15/78 |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB |
Memo PS to WJB |
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HAB Opinion Log |
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LFP Opinion Log |
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LFP Concurrence 1st Draft prepared |
05/16/78 |
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LFP Concurrence 1st Draft* |
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LFP Opinion Log |
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LFP circulates LFP Concurrence 1st Draft |
05/17/78 |
LFP Concurrence 1st Draft* |
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LFP Concurrence 1st Draft |
LFP Concurrence 1st Draft* |
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HAB Opinion Log |
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HAB writes WJB that he will join |
05/17/78 |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
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HAB Opinion Log |
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LFP Opinion Log |
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WJB circulates 4th Draft Opinion |
05/18/78 |
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WJB 4th Draft |
WJB 4th Draft |
WJB 4th Draft |
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HAB Opinion Log |
WJB 4th Draft
(copy 2) |
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LFP Opinion Log |
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Syllabus Draft Circulated |
05/18/78 |
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Syllabus Draft |
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KE writes HAB re LFP draft concurrence |
05/19/78 |
Memo KE to HAB |
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WHR circulates 3d Draft Dissent |
05/23/78 |
HAB Opinion Log |
WHR 3d Draft Dissent |
WHR 3d Draft Dissent |
WHR 3d Draft Dissent |
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LFP Opinion Log
(gives 5/28 as date) |
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Marc Richman circulates memo to conference re cases being held for
Monell |
05/23/78 |
Memo MR to Conf |
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LFP writes conference explaining revisions to his concurrence to respond
more fully to WHR's dissent |
05/24/78 |
Memo LFP to Conf |
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Memo LFP to Conf |
Memo LFP to Conf |
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HAB Opinion Log |
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LFP circulates LFP Concurrence 2d Draft |
05/25/78 |
HAB Opinion Log |
LFP Concurrence 2d Draft |
LFP Concurrence 2d Draft |
LFP Concurrence 2d Draft |
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LFP Opinion Log |
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WEB writes WHR that he will join dissent |
05/31/78 |
Memo WEB to WHR |
Memo WEB to WHR |
Memo WEB to WHR |
Memo WEB to WHR |
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LFP Opinion Log |
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WJB prepares notes for oral delivery of opinion |
06/05/78 |
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WJB Notes |
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Opinion and Syllabus issued |
06/06/78 |
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Syllabus and Opinion |
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Docket |
WJB delivers opinion orally in Court |
06/06/78 |
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Docket |
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Audio |