Green v. Santa Fe Industries, Inc.

This Court has denied en banc, 2 Cir., 533 F.2d 1277, not because we believe these eases are insignificant, but because they are of such extraordinary importance that we are confident the Supreme Court will accept these matters under its certiorari jurisdiction, as we correctly anticipated in Eisen v. Carlisle & Jacquelin, 479 F.2d 1005, 1020 (2d Cir. 1973), vacated, 417 U.S. 156, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974).

Even under the best of circumstances, an en banc proceeding is often an unwieldly and cumbersome device generating little more than delay, costs, and continued uncertainty that…