Joseph Walters v. Moore-Mccormack Lines, Inc.

I dissent from the order denying the petition for a rehearing in banc. In view of the anomalies of our in banc procedure, illustrated in an increasing number of cases of which this is a crowning example, it seems desirable, if not necessary, to point out where we seem to have arrived or to be tending. And I believe our cases show a clear trend toward a denial of in banc for, and of prejudicial discrimination against, inter alios, Jones Act plaintiffs which is increasing as our *897cases multiply. The situation assumes more urgency when we note that here a minimum of four judges has shown…