Moody v. Albemarle Paper Co. - 417 U.S. 622 (1974)

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U.S. Supreme Court

Moody v. Albemarle Paper Co., 417 U.S. 622 (1974)

Moody v. Albemarle Paper Co.

No. 73-899

Decided June 17, 1974

417 U.S. 622

Syllabus

Although 28 U.S.C. § 46(c) provides that a retired circuit judge may sit on an in banc court rehearing a case in which he participated at the original hearing, only regular active service circuit judges are vested with authority to vote whether to rehear a case in banc.