Re Rules of the United States Court of Appeals for the Tenth Circuit, Adopted November 18, 1986

Tenth Circuit

Re Rules of the United States Court of Appeals for the Tenth Circuit, Adopted November 18, 1986

955 F.2d 36, 1992 U.S. App. LEXIS 3853, 1992 WL 26518

Court of Appeals for the Tenth Circuit·Decided February 14, 1992·No. 36·Unpublished·Cited by 2 cases

Opinions

ORDER

Before McKAY, Chief Judge, HOLLOWAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

On November 18,1986, the court adopted 10th Cir.R. 36.3 providing that “unpublished opinions and orders and judgments of this court have no precedential value and shall not be cited, or used by any other court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel.” Circuit Judge Holloway (then Chief Judge) filed an unpublished dissent to that rule. Circuit Judges Barrett and Baldock joined in the dissent. The court is presently revising its rules. 10th Cir.R. 36.3 will not be revised, but will continue to include a reference to the dissent.

Accordingly, it is ordered that the dissent be published so that an appropriate citation thereto may appear in the revised rules.

DISSENT TO ADOPTION OF 10TH CIR.R. 36.3

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ORDER

Before McKAY, Chief Judge, HOLLOWAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

On November 18,1986, the court adopted 10th Cir.R. 36.3 providing that “unpublished opinions and orders and judgments of this court have no precedential value and shall not be cited, or used by any other court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel.” Circuit Judge Holloway (then Chief Judge) filed an unpublished dissent to that rule. Circuit Judges Barrett and Baldock joined in the dissent. The court is presently revising its rules. 10th Cir.R. 36.3 will not be revised, but will continue to include a reference to the dissent.

Accordingly, it is ordered that the dissent be published so that an appropriate citation thereto may appear in the revised rules.

DISSENT TO ADOPTION OF 10TH CIR.R. 36.3

Re Rules of the United States Court of Appeals for the Tenth Circuit, Adopted November 18, 1986, 955 F.2d 36, 1992 U.S. App. LEXIS 3853, 1992 WL 26518 (10th Cir. 1992).

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