PERSONNEL OF THE COURT

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

2 CHIEF JUDGE LAY

3 1987] PERSONNEL OF THE COURT CHIEF JUDGE DONALD POMEROY LAY Born in Princeton, Illinois in 1926, Judge Lay served in the United States Navy during World War II and attended the United States Naval Academy. He graduated from the University of Iowa with a B.A. degree in 1949 and a law degree in The judge practiced law for fifteen years, first in Omaha and later in Milwaukee and, finally again in Omaha. A President Johnson appointee, Judge Lay joined the Eighth Circuit Court of Appeals in Not quite forty years old at the time of his appointment, Judge Lay was the second youngest man ever appointed to a court of appeals. Judge Lay became Chief Judge in January 1980, when former Chief Judge Floyd Gibson took senior status. Judge Lay has served on the Judicial Conference Committee on Trial Practice and Technique, ; as a consultant to the Federal Judicial Center's Advisory Committee on State-Federal Relations, ; and the Advisory Committee on Appellate Rules, He has been a member of the Judicial Conference of the United States since 1980; presently is Chairman of the Chief Circuit Judges' Conference; is a member of the American Bar Association, the Nebraska Bar Association, and the Iowa Bar Association. The judge is a former member of the Executive Board of the American Judicature Society and the Board of Directors of the National Board of Trial Advocacy. He is an honorary member of the American Trial Lawyers Association, the Iowa Academy of Trial Lawyers, and the International Academy of Trial Lawyers. In 1985, he received an honorary doctor of laws degree from William Mitchell College of Law. In 1982, Judge Lay was named the Outstanding Federal Appellate Judge by the Association of Trial Lawyers of America.

4 SENIOR JUDGE GIBSON

5 1987] PERSONNEL OF THE COURT_ SENIOR JUDGE FLOYD ROBERT GIBSON Judge Gibson graduated from the University of Missouri, receiving his undergraduate degree in 1931 and his law degree in Licensed to practice during his senior year in law school, Judge Gibson practiced in Independence for four years. He then joined a Kansas City firm, practicing there until In 1961 President Kennedy appointed Judge Gibson to the United States District Court for the Western District of Missouri to succeed Judge Albert A. Ridge, serving as Chief Judge from 1962 to He again followed Judge Ridge in 1965 when President Johnson appointed him to the Eighth Circuit Court of Appeals to fill the seat created by Judge Ridge's retirement. Judge Gibson served as Chief Judge from 1974 to A former member of the Missouri Senate, and President Pro Tem of that body, Judge Gibson also has served on the Executive Committee and as president of the National Legislative Conference. He served as chairman of the committee responsible for the revision of the Missouri Probate Code. Judge Gibson was appointed a member of the National Conference of Commissioners on Uniform State Laws in 1957 and still serves in that capacity as a life member. The judge is a former member of the Judicial Conference of the United States and was Chairman of the Conference of Chief Judges from 1977 to Judge Gibson is a member of the Missouri Bar Association, the Kansas City Bar Association, the Lawyers Association of Kansas City, the Federal Bar Association, and the American Bar Association. He is a former Chairman of the Judicial Administration Division of the American Bar Association and Chairman of the Appellate Judges Conference and is a member of the Institute of Judicial Administration as well as a Fellow of the American Bar Association.

6 SENIOR JUDGE HENLEY

7 19871 PERSONNEL OF THE COURT. SENIOR JUDGE J. SMITH HENLEY Judge Henley was appointed United States Circuit Judge for the Eighth Circuit on March 14, 1975 and entered on duty March 24, He took senior judge status on May 31, He attended the University of Arkansas where he received a law degree in Previously he served as a United States District Judge for the Eastern and Western Districts of Arkansas under a recess appointment on October 25, 1958 and a permanent appointment on September 8, He entered on duty on October 31, 1958 and on the same date became Chief Judge of the Eastern District. Judge Henley was a former Referee in Bankruptcy for the Western District of Arkansas, ; Associate General Counsel, Federal Communications Commission, ; and Director of the Office of Administrative Procedure, Department of Justice, He served as a member of the Judicial Conference Subcommittee on Supporting Personnel, , and the Advisory Committee on Appellate Rules, Judge Henley is married to the former Dorothy Ingram and has two daughters: Jane K. and Wordna S. Henley Deere. Hc is a member of the American Bar Association, the Arkansas Bar Association and the American Judicature Society.

8 JUDGE ARNOLD

9 1987] PERSONNEL OF THE COURT - JUDGE RICHARD SHEPPARD ARNOLD Judge Arnold was born in Texarkana, Texas in 1936 and went to Yale for his undergraduate degree, where he graduated Summa Cum Laude in He then went on to Harvard for his LL.B., where he was a Case Editor for the Harvard Law Review. After graduating Magna Cum Laude in 1960, Judge Arnold clerked for Justice William J. Brennan of the United States Supreme Court and then was an Associate with Covington & Burling from Judge Arnold returned to Arkansas in 1964 to become a Partner with Arnold & Arnold in Texarkana, Arkansas. Thereafter, he became active in Arkansas politics, serving as a Delegate to the Democratic National Convention in 1968 and working as a Legislative Assistant to Senator Dale Bumpers from President Jimmy Carter appointed him a United States District Judge for the Eastern and Western Districts of Arkansas in 1978 and then appointed Judge Arnold to the Eighth Circuit Court of Appeals in Judge Arnold currently serves as a Member of the Council of the American Law Institute and as a Fellow of the American Bar Foundation.

10 JUDGE BOWMAN

11 1987] PERSONNEL OF THE COURT JUDGE PASCO M. BOWMAN Judge Bowman, a Fulbright scholar, was born in Harrisonburg, Virginia in He received a B.A. in English from Bridgewater College, Bridgewater, Virginia in In 1958, he received his J.D. from New York University, where he served as Managing Editor of the law review. He was appointed by President Reagan on July 19, 1983 and entered on duty August 1, Prior to his appointment, he was dean and professor at the University of Missouri-Kansas City School of Law from July 1979 to July He was a visiting professor at the University of Virginia School of Law in , dean and professor at Wake Forest University School of Law from 1970 to 1978, and professor at the University of Georgia School of Law from 1964 to From 1958 to 1964 he was associated with the New York law firm of Cravath, Swaine & Moore. Judge Bowman has completed the graduate program for judges at the University of Virginia School of Law and received his LL.M. from the University of Virginia in May He is a member of the bars of Missouri, Georgia, and New York.

12 JUDGE BRIGHT

13 1987] PERSONNEL OF THE COURT., JUDGE MYRON H. BRIGHT Judge Myron H. Bright was appointed United States Circuit Judge for the Eighth Circuit in 1968 by President Lyndon B. Johnson. He has served in that capacity as an active circuit judge since August 16 of that year until June 1, 1985 and since that time as a senior circuit judge. He graduated from the University of Minnesota with a B.S.L. degree in 1941 and a J.D. in He served as a Captain in the United States Air Force, Judge Bright practiced law in Fargo, North Dakota with the firm of Wattam, Vogel, Bright and Peterson, During the period , Judge Bright also served as a member of the Probation Committee of the Judicial Conference of the United States. Since his appointment to the federal bench, Judge Bright has had a continuing involvement with legal education. He has initiated week-long Jurist-in-Residence programs at several law schools, lecturing on trial and appellate advocacy, and has been a frequent lecturer and participant in CLE programs on the subject of trial and appellate advocacy before state and national bar groups. In addition to his duties on the Eighth Circuit Court of Appeals, Judge Bright was appointed Distinguished Professor of Law at Saint Louis University School of Law at St. Louis, Missouri commencing January 1, 1985, where he teaches trial and appellate advocacy. His recent publications relating to appellate practice include "Oral Argument: Why? How?," Minnesota Defense, Summer 1986, Appellate Briefwriting: Some "Golden" Rules, 17 CREIGHTON L. REV (1984); "Oral Argument? It May Be Crucial" (in collaboration with the Hon. Richard S. Arnold), ABA Journal, Sept. 1984; "The Ten Commandments of Oral Argument," ABA Journal, Sept Oral argument and briefwriting are also the subjects of a video taped lecture series by Judge Bright and others, distributed by the National Practice Institute.

14 JUDGE FAGG

15 1987] PERSONNEL OF THE COURT. JUDGE GEORGE G. FAGG Judge Fagg was born in Eldora, Iowa in 1934 and received a B.S. degree in 1956 and a J.D. degree in 1958 from Drake University. While at Drake Law School, Judge Fagg served as an Editor of the Drake Law Review and graduated with the Order of the Coif. He was a Partner with Cartwright, Druker, Ryden & Fagg in Marshalltown, Iowa from , afterwhich he became an Iowa District Court Judge from Judge Fagg was appointed by President Ronald Reagan to the Eighth Circuit Court of Appeals in He was a faculty member at the National Judicial College in 1979 and is a member of the American Bar Association, Iowa State Bar Association, and the American Judicature Society.

16 JUDGE GIBSON

17 1987] PERSONNEL OF THE COURT JUDGE JOHN R. GIBSON Judge Gibson was appointed United States Circuit Judge for the Eighth Circuit on March 9, 1982 and entered on duty March 30, He graduated from the University of Missouri at Columbia, receiving an A.B. degree in 1949, and from the University of Missouri at Columbia Law School, receiving a J.D. degree in He served as a Staff Sergeant in the United States Army, Judge Gibson formerly practiced law with the law firm of Morrison, Hecker, Curtis, Kuder & Parrish as an Associate, , and as a Partner, He served on the Board of Police Commissioners of Kansas City, Mo., , served as President and president-elect of The Missouri Bar, , and as a United States District Judge for the Western District of Missouri, Judge Gibson is a member of the American Bar Association, the Missouri Bar and the American Judicature Society.

18 JUDGE HEANEY

19 19871 PERSONNEL OF THE COURT - JUDGE GERALD WILLIAM HEANEY Judge Gerald William Heaney was born in Goodue, Minnesota in He attended St. Thomas College in Minnesota and graduated from the University of Minnesota with a bachelor's degree in 1939 and a law degree in Employed in the securities division of the state Department of Commerce, Judge Heaney left to enter the United States Army in He left the service in 1946 with the rank of Captain and entered private practice in Duluth. In 1966 Congress authorized an additional seat on the Eighth Circuit Court of Appeals to which President Johnson appointed Judge Heaney. He began his duties in December of Judge Heaney was a Democratic National Committeeman from 1955 to 1960, and is a former member of the Board of Regents of the University of Minnesota. He received the Outstanding Achievement Award from the Regents of the University of Minnesota in Judge Heaney authored the following articles appearing in various Law Reviews: Jacob Trieber: Lawyer, Politician, Judge, 8 ARK. L. REV. 421 (1986); Busing, Timetables, Goals, and Ratios: Touchstones of Equal Opportunity, 69 MINN. L. REV. 735 (1985); Why the High Rate of Reversals in Social Security Disability Cases, 38 HAM- LINE L. REV. 1 (1984); The Minnesota and National Labor Relations Acts-A Substantive and Procedural Comparison, 38 MINN. L. REV. 730 (1954); and Labor Relations-A National or a State Problem, 26 MINN. L. REV. 359 (1942).

20 JUDGE MAGILL

21 1987] PERSONNEL OF THE COURT JUDGE FRANK J. MAGILL Judge Frank J. Magill was appointed by President Reagan on March 4, He received his B.S.F.S. from the Georgetown University School of Foreign Service in 1951, an M.A. from Columbia in 1953, and an L.L.B. from Georgetown in From 1955 to 1986 Judge Magill practiced law in Fargo, North Dakota, concentrating in litigation, public utility law, and government relations. He is a member of the American, Federal, North Dakota and Cass County Bar Associations and was a former member of the Governing Board of the Public Utilities Section of the American Bar Association. He is a Fellow of the American College of Trial Lawyers and former chairman of the North Dakota chapter of the Defense Research Institute. Judge Magill is married to the former Mary Timlin and they have six children: Frank, Jr.; Marguerite; R. Daniel; Elizabeth; Robert and John.

22 JUDGE McMILLIAN

23 1987] PERSONNEL OF THE COURT JUDGE THEODORE MCMILLIAN Judge Theodore McMillian graduated from Lincoln University in Jefferson City, Missouri with a B.S. degree in He received his J.D. degree from St. Louis University School of Law in From 1953 to 1956 he served as Assistant Circuit Attorney. He was appointed circuit judge of the St. Louis Circuit Court in 1956 and served in that capacity until his appointment to the Missouri Court of Appeals, Eastern Division, in President Carter appointed Judge McMillian to the United States Court of Appeals for the Eighth Circuit in October of Judge McMillian taught at St. Louis University and was formerly an associate professor at the University of Missouri at St. Louis and the Webster College, Graduate Program. He also served on the faculty of the National College of Juvenile Justice and the National College of State Judiciaries. He was recognized as a Phi Beta Kappa Honor Initiate by St. Louis University in He was awarded a Doctor of Humanities degree by the University of Missouri at St. Louis in 1978, and a Doctor of Letters degree by Lincoln University in 1981.

24 1' JUDGE ROSS

25 1987] PERSONNEL OF THE COURT JUDGE DONALD ROE Ross Judge Ross was born in Orleans, Nebraska in His college education was interrupted by World War II, during which he served with the United States Army Air Corps achieving the rank of Major. After the war Judge Ross continued his education receiving a law degree from the University of Nebraska in He then practiced law in Lexington, Nebraska. He served as Mayor of Lexington until 1953 when he was appointed United States District Attorney for Nebraska. From 1956 to 1971 he was a partner in the Omaha law firm of Swarr, May, Smith, Andersen and Ross. Prior to his appointment to the Eighth Circuit Court of Appeals by President Nixon in 1970, Judge Ross was active in public affairs and the Republican party. In 1958 he became a member of the party's National Committee, serving until He served as National Vice Chairman of the Republican party from 1965 to Judge Ross is married to the former Janice S. Cook and has five children: Susan Jane Moody, Sharon Kay Stephan, Rebecca Lynn Ross, Joan Christine Wilson, and Donald Dean. He is a member of the American Bar Association and the Omaha Bar Association.

26 JUDGE ROGER L. WOLLMAN

27 1987] PERSONNEL OF THE COURT JUDGE ROGER L. WOLLMAN Judge Wollman was born in Frankfort, South Dakota in 1934 and served in the United States Army from He received his B.A. from Tabor College in 1957 and his J.D. from the University of South Dakota in After getting an Ll.M. from Harvard Law School in 1964, Judge Wollman clerked for United States District Judge George T. Mickelson. His clerkship completed, Judge Wollman practiced law in Aberdeen, South Dakota, where he was Brown County State's Attorney from In 1971, he became a Justice on the South Dakota Supreme Court and served as Chief Justice from Judge Wollman was appointed to the Eighth Circuit Court of Appeals in 1985 by President Ronald Reagan.

28

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