Duncan v. the Record Publishing Co.

(dissenting) : I agree entirely with the denial; in the proposed order, of the contention that a singlé Justice has, under any circumstances, the right to demand a convocation of the Court en banc,.as it is de nominated. As to certain other matters discussed in the order, and as to the conclusion that the petition should be dismissed, I do not agree, for the reasons which follow:

In the proposed per curiam order it is stated:

“* * * The call for such Court should be made while the Supreme Court has pending before it, and before it has determined, the cause in which the assistance of the Circuit…