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PERSONNEL OF THE COURT Chief Judge Donald P. Lay .................................. xiv Senior Judge Floyd R. Gibson ............................... xvi Senior Judge J. Smith Henley ............................... xviii Judge Gerald W. Heaney .................................... xx Judge Myron H. Bright ...................................... xxii Judge Donald R. Ross ....................................... xxiv Judge Theodore McMillian .................................. xxvi Judge Richard S. Arnold ..................................... xxviii Judge John R. Gibson ....................................... xxx Judge George G. Fagg ....................................... xxxii Judge Pasco M. Bowman .................................... xxxiv

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Page 1: PERSONNEL OF THE COURT

PERSONNEL OF THE COURT

Chief Judge Donald P. Lay .................................. xiv

Senior Judge Floyd R. Gibson ............................... xvi

Senior Judge J. Smith Henley ............................... xviiiJudge Gerald W. Heaney .................................... xx

Judge Myron H. Bright ...................................... xxii

Judge Donald R. Ross ....................................... xxiv

Judge Theodore McMillian .................................. xxvi

Judge Richard S. Arnold ..................................... xxviiiJudge John R. Gibson ....................................... xxx

Judge George G. Fagg ....................................... xxxii

Judge Pasco M. Bowman .................................... xxxiv

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CIEF JUDGE LAY

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PERSONNEL OF THE COURT

CHIEF JUDGE DONALD POMEROY LAY

Born in Princeton, Illinois in 1926, Judge Lay served in theUnited States Navy during World War I1 and attended the UnitedStates Naval Academy. He graduated from the University of Iowawith a B.A. degree in 1949 and a law degree in 1951. The judgepracticed law for fifteen years, first in Omaha and later in Milwau-kee and, finally, again in Omaha. A President Johnson appointee,Judge Lay joined the Eighth Circuit Court of Appeals in 1966. Notquite forty years old at the time of his appointment, Judge Lay wasthe second youngest man ever appointed to a court of appeals.Judge Lay became Chief Judge in January 1980, when former ChiefJudge Floyd Gibson took senior status.

Judge Lay has served on the Judicial Conference Committeeon Trial Practice and Technique, 1969-1970; as a consultant to theFederal Judicial Center's Advisory Committee on State-FederalRelations, 1968-1970; and the Advisory Committee on AppellateRules, 1973-1978. He is a member of the Judicial Conference of theUnited States, the American Bar Association, the Nebraska BarAssociation, and the Iowa Bar Association. The judge is a formermember of the Executive Board of the American Judicature Soci-ety and the Board of Directors of the National Board of Trial Advo-cacy. He is an honorary member of the American Trial LawyersAssociation, the Iowa Academy of Trial Lawyers, and the Interna-tional Academy of Trial Lawyers.

1983-841

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JUDGE GIBSON

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PERSONNEL OF THE COURT

SENIOR JUDGE FLOYD ROBERT GIBSON

Judge Gibson graduated from the University of Missouri, re-ceiving his undergraduate degree in 1931 and his law degree in1933. Licensed to practice during his senior year in law school,Judge Gibson practiced in Independence for four years. He thenjoined a Kansas City firm, practicing there until 1961. In 1961 Presi-dent Kennedy appointed Judge Gibson to the United States Dis-trict Court for the Western District of Missouri to succeed JudgeAlbert A. Ridge, serving as Chief Judge from 1962 to 1965. He againfollowed Judge Ridge in 1965 when President Johnson appointedhim to the Eighth Circuit Court of Appeals to fill the seat createdby Judge Ridge's retirement. Judge Gibson served as Chief Judgefrom 1974 to 1980.

A former member of the Missouri Senate, and President ProTern of that body, Judge Gibson also has served on the ExecutiveCommittee and as president of the National Legislative Confer-ence. He served as chairman of the committee responsible for therevision of the Missouri Probate Code. Judge Gibson was ap-pointed a member of the National Conference of Commissionerson Uniform State Laws in 1957 and still serves in that capacity as alife member. The judge is a former member of the Judicial Confer-ence of the United States and was Chairman of the Conference ofChief Judges from 1977 to 1978.

Judge Gibson is a member of the Missouri Bar Association, theKansas City Bar Association, the Lawyers Association of KansasCity, the Federal Bar Association, and the American Bar Associa-tion. He is a former Chairman of the Judicial Administration Divi-sion of the American Bar Association and Chairman of theAppellate Judges Conference and is a member of the Institute ofJudicial Administration as well as a Fellow of the American BarAssociation.

1983-841

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JUJDG(E {hENLJY

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1983-84] PERSONNEL OF THE COURT'

SENIOR JUDGE J. SMITH HENLEY

A native of Arkansas, Judge J. Smith Henley was born in St.Joe in 1917. He attended the University of Arkansas where he re-ceived a law degree in 1941. Judge Henley entered private practicein Arkansas but was frequently called to government service.

From 1943 to 1945 he served as a referee in bankruptcy for theWestern District of Arkansas. Beginning in 1954 he served the Ei-senhower Administration, first as associate general counsel for theFederal Communications Commission and later as director of theOffice of Administrative Procedure in the Justice Department. In1958 President Eisenhower appointed Judge Henley United StatesDistrict Judge for the Eastern and Western Districts of Arkansas.He served as chief judge of that court until March of 1975 whenPresident Ford appointed him to the Eighth Circuit Court of Ap-peals.

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JUDGE: HEJANEY

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1983-84] PERSONNEL OF THE COURT'

JUDGE GERALD WILLIAM HEANEY

Judge Gerald William Heaney was born in Goodue, Minnesotain 1918. He attended St. Thomas College in Minnesota and gradu-ated from the University of Minnesota with a bachelor's degree in1939 and a law degree in 1941. Employed in the securities divisionof the state Department of Commerce, Judge Heaney left to enterthe United States Army in 1942. He left the service in 1946 with therank of Captain and entered private practice in Duluth. In 1966Congress authorized an additional seat on the Eighth CircuitCourt of Appeals to which President Johnson appointed Judge He-aney. He began his duties in December of 1966.

Judge Heaney was a Democratic National Committeeman in1955 and is a former member of the Board of Regents of the Univer-sity of Minnesota.

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j tJD)(aE I UUIXT

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PERSONNEL OF THE COURT!

JUDGE MYRON H. BRIGHT

Judge Myron H. Bright was appointed United States CircuitJudge for the Eighth Circuit in 1968. He graduated from the Uni-versity of Minnesota with a B.S.L. degree in 1941 and J.D. in 1947.He served as a Captain in the United States Air Force, 1942-46.Judge Bright practiced in Fargo, North Dakota with the firm ofWattam, Vogel, Bright and Peterson. He engaged in a generalpractice with heavy emphasis on litigation.

Since his appointment to the federal bench, Judge Bright hashad a continuing involvement with legal education. He has lec-tured at most law schools in the Midwest, Florida, Georgia, andHawaii, as well as at the Center for Law and Economics, previ-ously located at the University of Miami and now located at EmoryUniversity. He has spoken before local, state, and federal bargroups and lectured at workshops at the 1982 annual meeting ofthe American Bar Association.

His publications relating to appellate practice include "TheTen Commandments of Oral Argument," ABA Journal, Sept. 1981,and an article entitled "The Changing Nature of the Federal Ap-peals Process in the 1970's," 65 F.R.D. 496. Oral argument andbriefwriting are also the subjects of a video taped lecture series byJudge Bright and others, distributed by the National Practice Insti-tute.

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JUDGE Itos's

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PERSONNEL OF THE COURT

JUDGE DONALD R. Ross

Judge Ross was born in Orleans, Nebraska in 1922. His collegeeducation was interrupted by World War II, during which heserved with the United States Army Air Corps achieving the rankof Major. After the war Judge Ross continued his education receiv-ing a law degree from the University of Nebraska in 1948. He thenpracticed law in Lexington, Nebraska and, after 1956, in the Omahafirm of Swarr, May, Smith, Andersen and Ross.

Prior to his appointment to the Eighth Circuit Court of Ap-peals in 1970, Judge Ross was active in public affairs and the Re-publican party. In 1952 he became a member of the stateRepublican Party Executive Committee. In 1953 he was electedmayor of Lexington, Nebraska. From 1953 to 1956 he was theUnited States District Attorney for Nebraska. From 1956 to 1958 heserved as general counsel for the State Republican Party. In 1958he became a member of the party's National Committee, servinguntil 1970. He was Vice Chairman of the Republican NationalCommittee from 1965-1970.

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JU)GE MCMILULIAN

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PERSONNEL OF THE COURT

JUDGE THEODORE McMILLIN

Judge Theodore McMillian graduated from Lincoln Universityin Jefferson City, Missouri with a B.S. degree in 1941. He receivedhis J.D. degree from St. Louis University School of Law in 1949.From 1953 to 1956 he served as Assistant Circuit Attorney. He wasappointed circuit judge of the St. Louis Circuit Court in 1956 andserved in that capacity until his appointment to the Missouri Courtof Appeals, Eastern Division, in 1972. President Carter appointedJudge McMillian to the United States Court of Appeals for theEighth Circuit in October of 1978.

Judge McMillian taught at St. Louis University and was for-merly an associate professor at the University of Missouri at St.Louis and the Webster College, Graduate Program. He also servedon the faculty of the National College of Juvenile Justice and theNational College of State Judiciaries. He was recognized as a PhiBeta Kappa Honor Initiate by St. Louis University in 1972. He wasawarded a Doctor of Humanities degree by the University of Mis-souri at St. Louis in 1978, and a Doctor of Letters degree by LincolnUniversity in 1981.

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JUDG ,' ARNOLD

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1983-84] PERSONNEL OF THE COURT

JUDGE RICHARD SHEPPARD ARNOLD

Judge Arnold was appointed by President Carter on February20, 1980. He received his B.A. degree from Yale University in 1957and his LL.B. from Harvard University in 1960. From 1960 to 1961Judge Arnold clerked for Justice Brennan of the United StatesSupreme Court, after which he entered private practice.

Judge Arnold was appointed United States District Judge forthe Eastern and Western Districts of Arkansas by PresidentCarter in 1978. Prior to his appointment to the federal bench,Judge Arnold served as legislative assistant to Senator DaleBumpers in Washington from 1975 until 1978. He was legislativesecretary for Governor Bumpers of Arkansas from 1973 to 1974.

The Judge is a member of the American Bar Association, theDistrict of Columbia Bar, the Arkansas and Pulaski County BarAssociations, and the American Law Institute.

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JU)GE (I8 ON

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PERSONNEL OF THE COURt

JUDGE JOHN R. GIBSON

Judge Gibson was appointed United States Circuit Judge forthe Eighth Circuit on March 9, 1982 and entered on duty March 30,1982. He graduated from the University of Missouri at Columbia,receiving an A.B. degree in 1949, and from the University of Mis-souri at Columbia Law School, receiving a J.D. degree in 1952. Heserved as a Staff Sergeant in the United States Army, 1944-46.

Judge Gibson formerly practiced law with the law firm of Mor-rison, Hecker, Curtis, Kuder & Parrish as an Associate, 1952-1957,and as a Partner, 1957-1982. He served on the Board of Police Com-missioners, 1973-1977, served as President and president-elect ofThe Missouri Bar, 1976-1978, and as a United States District Judgefor the Western District of Missouri, 1981-1982.

Judge Gibson is married to the former Mary Elizabeth Vaughnand has two children: Jeanne and John Robert, Jr. He is a mem-ber of the American Bar Association, the Missouri Bar and theAmerican Judicature Society.

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JUDGE WAG

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1983-84] PERSONNEL OF THE COURT

JUDGE GEORGE G. FAGG

Judge Fagg was appointed United States Circuit Judge for theEighth Circuit on October 1, 1982 and entered on duty November 1,1982. He graduated from Drake University, receiving a B.S. degreein 1956, and from Drake University Law School, receiving a J.D. de-gree in 1958.

Judge Fagg practiced law, 1958-1972, and was a District Judge,State of Iowa, Second Judicial District, 1972-1982.

Judge Fagg served as Chairman of the Committee on IowaUniform Jury Instructions, as a member of the Iowa SupremeCourt Advisory Committee on the Rules of Civil Procedure, and asa faculty member at the National Judicial College. He is a memberof the American Bar Association and the Iowa State Bar Associa-tion.

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JUDGEP BOWMAN

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1983-84] PERSONNEL OF THE COURT

JUDGE PASCO M. BowMAN

Honorable Pasco M. Bowman, a Fulbright scholar, received aB.A. in English from Bridgewater College, Bridgewater, Virginia in1955. In 1958, he received his J.D. from New York University,where he served as managing editor of the law review.

Prior to his appointment, he was dean and professor at theUniversity of Missouri-Kansas City School of Law from 1979 toJuly 1983. He was a visiting professor at the University of VirginiaSchool of Law in 1978-79, dean and professor at Wake Forest Uni-versity Law School from 1970 to 1978, and professor of law at theUniversity of Georgia from 1964 to 1970. From 1958 to 1964 he wasassociated with the New York law firm of Cravath, Swaine &Moore.

Judge Bowman has served on the Board of Directors of theGulf and Great Plains Legal Foundation. He is a member of barassociations in Missouri, North Carolina, Georgia and New York.