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TOBIN v. RAMEY

No. 14370.

206 F.2d 505 (1953)

TOBIN, Secretary of Labor, v. RAMEY.

United States Court of Appeals Fifth Circuit.

August 31, 1953.

Attorney(s) appearing for the Case

William S. Tyson, Sol., Washington, D. C., Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., Harry N. Routzohn, Sol., William A. Lowe, Sylvia S. Ellison, Attys., U. S. Dept. of Labor, Washington, D. C., for appellant.

Robert E. Leake, Jr., New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee.

Before HOLMES, BORAH and RIVES, Circuit Judges.

HOLMES, Circuit Judge.

The appellee seeks a rehearing because the opinion in this case was written by a judge who did not sit during the oral argument. The petition asserts that the right of appeal contemplates a determination "in the Court of Appeals by at least three judges who have participated in the appellate hearing of the case." It further contends as follows:

"True, 28 USC 46(c) provides that in the courts...

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