Legal Opinion · Dissent

Jim v. Fisher v. Grant R. Walker

Court of Appeals for the Tenth Circuit

Decided July 31, 1972No. 71-1568Published

1DissentWilliam E. Doyle, Circuit Judge

I

PRELIMINARY COMMENTS ON THE TRIAL COURT’S FINDINGS AND THE MAJORITY OPINION

I respectfully dissent. In doing so I do not question the findings of the trial court. I do not, however, agree with the weight that has been given to some of the evidence, including the finding that the letter was disruptive and divisive. Undoubtedly the letter had some effect on the relationships between officers and men, particularly the officers who were the leaders in the forming of the officers’ union. We are aware that this is always a delicate relationship and that it first became imbalanced when the officers…

2Cases cited38 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  5. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963

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