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1
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reargument in its 3 to 2 decision.
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2
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JUDGE BRUNE: That would be much better. I
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S
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think it is much better for all of the members of the
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4
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court to sit in every case it is to decide. The neces-
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5
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sities of the situation rather force that 7-5 setup on
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6
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us. At the time, I was extremely doubtful as to how long
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7
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it would work and so advised the legislative committees
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8
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which heard the matter. I could not predict how long
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9
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it would work actually. Actually, I think it worked for
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10
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much less time than most people anticipated.
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11
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THE CHAIRMAN: Do you think it would be any
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12
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better the way we have it here , providing that there be
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13
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a seven-man court and the four of them will be a quorum
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14
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and if it takes four for a decision, without any provisions
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15
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for an automatic reargument?
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16
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JUDGE BRUNE: If you have got four required for
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17
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decision, reargument should be rather futile.
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18
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MR. MARTINEAU: That is why us put it in, Judge.
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19
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We felt that if we are going to have a seven-man court, it
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20
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ought to sit as such. There are occasions where you
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21
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I have less for one reason or another. We all felt that
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