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Charlotte James v. United States of America, Kathy Butler, Individually and as Surviving Wife and Heir of Eddy Butler v. United States of America, Susan B. Clardy, Individually and as Natural Tutrix of the Minors, Bridget Marie Clardy and Kenneth Clardy v. United States

Citations: 799 F.2d 236; 1986 U.S. App. LEXIS 30451Docket: 83-2276

Court: Court of Appeals for the Fifth Circuit; September 12, 1986; Federal Appellate Court

Narrative Opinion Summary

The case involves three plaintiffs—Charlotte James, Kathy Butler (individually and as the surviving wife of Eddy Butler), and Susan B. Clardy (individually and as natural tutrix of minors Bridget Marie Clardy and Kenneth Clardy)—who appealed against the United States government. The appeals were consolidated under Nos. 83-2276 and 83-4522 in the United States Court of Appeals for the Fifth Circuit, following a remand from the Supreme Court. The Supreme Court's decision (U.S. 106 S.Ct. 3116, 92 L.Ed.2d 483) reversed the previous judgment of the Fifth Circuit (760 F.2d 590) and directed the court to affirm the district court judgments. Notably, Judge Jones did not participate in the en banc decision. The case emphasizes the authority of the Supreme Court in remanding and shaping appellate decisions.

Legal Issues Addressed

Authority of the Supreme Court in Appellate Proceedings

Application: The Supreme Court has the authority to reverse previous appellate court decisions and direct specific actions on remand, as demonstrated by their instruction to affirm the district court judgments.

Reasoning: The Supreme Court's decision (U.S. 106 S.Ct. 3116, 92 L.Ed.2d 483) reversed the previous judgment of the Fifth Circuit (760 F.2d 590) and directed the court to affirm the district court judgments.

Consolidation of Appeals

Application: Multiple appeals can be consolidated in appellate courts to streamline the judicial process, as seen with the appeals consolidated under Nos. 83-2276 and 83-4522.

Reasoning: The appeals were consolidated under Nos. 83-2276 and 83-4522 in the United States Court of Appeals for the Fifth Circuit, following a remand from the Supreme Court.

Non-Participation of Judges in En Banc Decisions

Application: Judges may choose not to participate in en banc decisions, affecting the composition of the appellate panel, as noted with Judge Jones’ non-participation.

Reasoning: Notably, Judge Jones did not participate in the en banc decision.