Bridges v. United States. Bridges v. United States

Good Law
201 F.2d 254·1952 U.S. App. LEXIS 2400
United States Court of Appeals for the Ninth CircuitDecember 29, 195212597, 12607California881 words

Opinion

Opinion

Following our denial of the petition for rehearing in the above entitled cases, there was received at the clerk’s office a document entitled “Application for Leave to File Supplemental Petition for Rehearing, Prayer That Supplemental Petition for Rehearing Be Heard en Banc, and That Order Denying Petition for Rehearing Be Vacated.” The instrument is addressed to all of the judges of the court and was lodged with the clerk’s office after the time for filing a petition for rehearing had expired and after the appellants had obtained from the United States Supreme Court an extension of time within which to petition for the writ of certiorari. Copies of our opinion, amended opinion, original petition for rehearing, and the document above mentioned, have been distributed to each active member of the court.

A United States Court of Appeals consists of three circuit judges, and, in circuits having more than three judges, it consists of a “Division” of three judges. In exceptional circumstances it may consist of all the active members of the circuit sitting in banc. A “Division” court is no less a court than an “in banc” court.

In Western Pacific R. R. Corp. v. Western Pacific R. Co., 9…

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