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

CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

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.