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UNITED STATES REPORTS

VOLUME 411

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1972

MARCH 21 (CONCLUDED) THROUGH MAY 14, 1973

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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402.

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS

WARREN E. BURGER, CHIEF JUSTICE. WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE. WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE. POTTER STEWART, ASSOCIATE JUSTICE. BYRON R. WHITE, ASSOCIATE JUSTICE.

THURGOOD MARSHALL, ASSOCIATE JUSTICE. HARRY A. BLACKMUN, ASSOCIATE JUSTICE. LEWIS F. POWELL, JR., ASSOCIATE JUSTICE. WILLIAM H. REHNQUIST, ASSOCIATE JUSTICE.

RETIRED

EARL WARREN, CHIEF JUSTICE.
STANLEY REED, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.

OFFICERS OF THE COURT

RICHARD G. KLEINDIENST, ATTORNEY GENERA ERWIN N. GRISWOLD, SOLICITOR GENERAL. MICHAEL RODAK, JR., CLERK.

HENRY PUTZEL, jr., REPORTER OF DECISIONS.

FRANK M. HEPLER, MARSHAL.

EDWARD G. HUDON, LIBRARIAN.

SUPREME COURT OF THE UNITED STATES

ALLOTMENT OF JUSTICES

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, viz.:

For the District of Columbia Circuit, WARREN E. BURGER, Chief Justice.

For the First Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Second Circuit, THURGOOD MARSHALL, Associate Justice.

For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Fourth Circuit, WARREN E. BURGER, Chief Justice..

For the Fifth Circuit, LEWIS F. POWELL, JR., Associate Justice.

For the Sixth Circuit, POTTER STEWART, Associate Justice.

For the Seventh Circuit, WILLIAM H. REHNQUIST, Associate Justice.

For the Eighth Circuit, HARRY A. BLACKMUN, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, BYRON R. WHITE, Associate Justice.

January 7, 1972.

(For next previous allotment, see 403 U. S., p. iv.)

TRIBUTE TO MR. JUSTICE DOUGLAS

SUPREME COURT OF THE UNITED STATES

TUESDAY, APRIL 17, 1973

Present: MR. CHIEF JUSTICE BURGER, MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART, MR. JUSTICE WHITE, MR. JUSTICE MARSHALL, MR. JUSTICE BLACKMUN, MR. JUSTICE POWELL, and MR. JUSTICE REHNQUIST.

THE CHIEF JUSTICE said:

Before proceeding with our regular matters this morning, we will pause for a moment to take note of an important anniversary of our Brother, MR. JUSTICE WILLIAM O. DOUGLAS. Thirty-four years ago today he took the oath of office as an Associate Justice of this Court and in the history of this Court only Chief Justice Marshall, our late Brother Justice Black, and Justice Field served longer. Very soon JUSTICE DOUGLAS will surpass the record of even those three Justices. In his long career on this Court he has been a strong, articulate individualist willing to blaze new trails whether in the majority or in dissent but also willing to tread ancient paths of the law.

Several qualities distinguish JUSTICE DOUGLAS from many other illustrious predecessors on the Court but I will mention only one. He is possessed of a restless, questing mind and spirit not only in the law but in relation to the world around him and in the events of his time. On his vacations he has climbed mountains, visited strange parts of strange lands and he has written

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