Page:United States Statutes at Large Volume 80 Part 1.djvu/176

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[80 STAT. 140]
[80 STAT. 140]
PUBLIC LAW 89-000—MMMM. DD, 1966

140

62 Stat. 898.

PUBLIC LAW 89.425-MAY 11, 1966

[80 STAT.

(b) In order to reflect the changes in the number of permanent associate judges of the Court of Claims caused by this section, section 171 f)f ^j^le 28 of the United States Code is amended by striking out the word "four" in the first sentence thereof and inserting in lieu thereof the word "six". SEC. 2. Section 175 of title 28, United States Code, in its present form is stricken, and the following section is inserted as section 175 of title 28 of the Ignited States Code: "§ 175. Assignment of judges; divisions; hearings; decisions

quorum;

" (a) Judges of the Court of Claims shall sit on the court and its divisions in such order and at such times as the court directs. " (b) The Court of Claims may authorize the hearing and determination of cases and controversies by separate divisions, each consisting of three judges. Such divisions shall sit at the times and places and hear the cases and controversies assigned as the court directs. "(c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless,a hearing en banc is ordered by the court or by the chief judge. The court en banc for an initial hearing shall consist of the judges of the Court of Claims in regular active service. I n case of a vacancy in the court or of the inability of a judge thereof in regular active service to sit, a justice or judge assigned to the court pursuant to chapter 13 of this 28 USC 291-296. ^-jj^jg shall bc Competent to sit in the court en banc when designated by the court to do so. " (d) A rehearing en banc may be ordered by a majority of the judges of the Court of Claims in regular active service. The court en banc for a rehearing shall consist of the judges of the Court of Claims in regular active service. A judge of the Court of Claims who has retired from regular active service shall also be competent to sit as a judge of the court en banc in the rehearing of a case or controversy if he sat on the court or division at the original hearing thereof. "(e) Two judges shall constitute a quorum of a division of the Court of Claims, four judges shall constitute a quorum of a court en banc. "(f) A majority of the judges or justices who actually sit on the court or division or court en banc must concur in any decision." SEC. 3. Item 175 in the analysis of chapter 7 of title 28 of the United 28 USC 171-175. States Code, immediately preceding section 171, is amended to read as follows: "175. Assignment of judges; divisions; hearings; quorum; decisions." Approved May 11, 1966.