Smith v. Ladner

JOHN R. BROWN, Acting Chief Judge.

Whereas Honorable Elbert P. Tuttle, Chief Judge of the United States Court of Appeals for the Fifth Circuit, is outside of the Circuit and temporarily unable to perform his duties as Chief Judge; and whereas the undersigned is a Circuit Judge in active service, present in the Circuit, under 70 years of age, next in precedence, and able and qualified to act as Chief Judge pursuant to 28 U.S.C.A. § 45(d); and whereas in my judgment, the public interest so requires ; and

The Honorable Dan M. Russell, Jr., United States District Judge for the Southern District of…