Eisen v. Carlisle & Jacquelin

I believe that this case should be reconsidered en bane.

OAKES, Circuit Judge (dissenting from the denial of rehearing en banc), with whom TIMBERS, Circuit Judge, concurs:

For this court not to hear a matter of this significance is to render the en banc statute 1 a nullity. One may in this era of burgeoning appellate business quite plausibly take the view that the en banc procedure should not be used “merely” to correct individual injustices2 or mis*1022takes, but only in a case where the panel decision 3 is in serious conflict with prior decisions of the particular Circuit Court of Appeals or where…