U.S. Supreme Court
Moody v. Albemarle Paper Co., 417 U.S. 622 (1974)
Moody v. Albemarle Paper Co.
Decided June 17, 1974
417 U.S. 622
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.