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MSS 01-3

The Papers of Judge Edward S. Smith


Professional papers (1964-1997) that document Smith’s service on the U.S. Court of Claims, his appointment to the court, court administration, articles and speeches, and the federal court re-organization of the late 1970s that concluded with the Federal Courts Improvement Act of 1979, and the creation of the U.S. Court of Appeals for the Federal Circuit.

1964-1997 [Inclusive]
3.75 Cubic Feet (9 archival boxes)

Scope & Contents

These papers document Smith’s service on the U.S. Court of Claims, his appointment to the court, court administration, articles and speeches, and the federal court re-organization of the late 1970s that concluded with the Federal Courts Improvement Act of 1979, and the creation of the U.S. Court of Appeals for the Federal Circuit.

The collection reflects the administrative process that took place "to restructure a portion of the intermediate appellate tier." Judge Smith was appointed Judge of the Court of Claims in 1979. There were too many appeals and very few judges, so it was necessaryy to allow the reorganization. In 1978-1979, Daniel J. Meador, Assistant Attorney General, sent a proposal for restructuring the court system. This set of papers, called the Meador Report, began the process that concluded with the Federal Courts Improvement Act of 1979 and launched the necessary legislation to establish the United States Court of Appeals for the Federal Circuit. There are proposals, commentaries, discussions, hearings, statements, and memoranda between judges. This collection can be an excellent source of information on how the courts work internally.

Collection Description

    Biographical / Historical

    Edward S. Smith was born in Birmingham, Alabama, 27 March 1919. He studied at the University of Virginia, from where he received his B.A. in 1941 and LL.B /J.D. in 1947. He also studied mechanical engineering at the Alabama Polytechnic Institute (now Auburn University) from 1936-1938. In September of 1941, he entered active duty as an Apprentice Seaman. He participated in the initial amphibious attacks in North Africa, Sicily, Normandy, Southern France, and Okinawa. In 1944, he was Gunnery Officer of the <em>USS Susan B. Anthony (AP-72)</em> that was sunk off Normandy the 7 of June. Later he was First Lieutenant and Damage Control Officer, Executive Officer of <em>USS Arcturus (AKA-1)</em>. He was released from the military in February 1946 as a Lieutenant. He was active for 15 years in the Postwar Naval Reserve, in units concerned with industrial mobilization and armed services procurement contracts. He was member of the Naval Reserve Material Companies 5-2 and 5-3, 5th Naval District. He retired July 1, 1968.

    From 1947 to 1961 he was an associate and partner with the firm of Blair, Korner, Doyle, Worth, and Crampton (this firm changed names). From 1961, he worked in the Tax Division of the U. S. Department of Justice, as Chief of the Trial Section. There, he reorganized and administered several sections of the Tax Division and supervised civil refund litigation in all U. S. District Courts and the U. S. Courts of Claims. In 1962 and 1963, he served as deputy assistant attorney general for civil rights. From 1963 to 1977, he was partner in the law firm of Piper & Marbury Attorneys, in the city of Baltimore, where he was the head of the Tax and Estates Department. In 1978, he was appointed to the U. S. Courts of Claims as an associate judge. From 1982-1989, he was judge of the U. S. Court of Appeals for the Federal Circuit. In 1989, he became a senior circuit judge and moved to Alabama, where he continued to work until his death.

    Judge Smith was member of the ABA; the Bar Association of the city of Baltimore; the Baltimore Association of Tax Counsel; the National Tax Association; the Tax Institute of America; the Federal Bar Association; the District of Columbia Bar (1948, Tax Division); the Virginia State Bar (1947); the Bar Association of the District of Columbia (member of the Committee on U. S. Courts of Claims); and a permanent member of the Judicial Conference of the Fourth Circuit. He was also a member of the Democratic Party. He taught as adjunct faculty at the University of Samford Law School and at the University of Alabama in Tuscaloosa.

    Judge Edward S. Smith died March 22, 2001 in Birmingham, Alabama.


    The papers are arranged in the following groups:

    Service on U.S. Court of Claims: correspondence, letters of recommendation, memoranda between judges and personal notes regarding court of claims appointments, and court administration rules, dating from primarily from 1977-1982. Boxes 1-2.

    Creation of the U.S. Court of Appeals for the Federal District: Meador Report materials, dating from 1978-1991. Boxes 2-5.

    Federal Circuit Administration: materials related to the Court of Appeals for the Federal Circuit, various surveys, reports, and rules regarding procedures, dating from 1976-1997. Boxes 6-8.

    Personal: resume, published articles, letters, speeches, class notes, and working materials, dating from 1964-1985. Box 9.

    Conditions Governing Access

    Collection is open to research.

    Conditions Governing Use

    There are no restrictions.

    Preferred Citation

    Papers of Judge Edward S. Smith, 1964-1997, MSS 01-3, Special Collections, University of Virginia Law Library.

    Immediate Source of Acquisition

    This collection was donated to the Law Library by Judge Smith’s children, Edward and Innes, in August, 2001.

seriesService on U. S. Court of Claims
file[Court Administration] Rules. [Memoranda between Judges, Notes], 1978-1980MSS 01-3, Box 1
file[Court Appointment File]. Correspondence, Letters of Recommendation , 1977-1978MSS 01-3, Box 1
file[Court of Claims Appointment] Correspondence and personal notes, 1977-1978MSS 01-3, Box 1
fileCourt of Claims Building, 1965-1969, 1979, 1988MSS 01-3, Box 1
fileIndian Cases [Attorneys Fees], 1978-1979MSS 01-3, Box 1
fileReport re Court of Claims by Management Review Division. Administrative Office, 1981MSS 01-3, Box 2
fileSpector-Goddard Controversy, 1981MSS 01-3, Box 2
fileTrial Judge George Willi Case, 1976-1980, 1982MSS 01-3, Box 2
seriesCreation of the U. S. Court of Appeals for the Federal District
fileMeador Report [A proposal to improve the Federal Appellate System], 1978, JulyMSS 01-3, Box 2
fileMeador Report - S. 677 and S. 678. [ Early Proposals for new United States Court of Appeals for the Federal Circuit and Correspondence], 1978-1979MSS 01-3, Box 3
fileMeador Report [Statements of Donald C. Alexander, Mortimer Caplin, Howard T. Markey, Stuart E. Siegel, Daniel M. Friedman], 1979, MayMSS 01-3, Box 3
fileMeador Report Publicity, 1978-1979MSS 01-3, Box 3
fileS. 677 Judicial Improvement Act of 1979, 1979, March 15MSS 01-3, Box 3
fileS. 678 Federal Courts Improvement Act of 1979, 1979, March 15MSS 01-3, Box 3
file[S. 1477 - Federal Courts Improvement Act of 1979. Memoranda between Judges], 1979MSS 01-3, Box 3
file[S.1691 To provide Improvements in the Structure and Administration of the Federal Tax Courts...] , 1979, Aug.MSS 01-3, Box 4
file[H. R. 3806 - Court of Appeals for the Federal Circuit Act of 1980], 1980, Feb. - Apr.MSS 01-3, Box 4
file[S. 21 & H. R. 2405: Memoranda, Testimonies], 1980, Dec. 1981, MarchMSS 01-3, Box 4
fileLegislation re Federal Courts (Miscellaneous), 1977-1978, 1981, 1988-1991MSS 01-3, Box 5
seriesFederal Circuit Administration
file[Copies of Statutory Materials Related to the Court of Appeals for the Federal Circuit], 1982MSS 01-3, Box 5
fileGrassley Survey (for Senate Judicial Committee) on Court Workload, 1996-1997MSS 01-3, Box 6
file[Internal Rules and Procedures Discussed by Judges], 1981-1982MSS 01-3, Box 6
fileJudicial Conference Committee on the Judicial Branch, 1980-1986MSS 01-3, Box 6
fileMemoranda re Miscellaneous Cases from Judge Smith, 1980-1989MSS 01-3, Box 6
file[Miscellaneous Court Administration Matters] , 1976-1984, 1990MSS 01-3, Box 7
fileSeminar for Newly Appointed Federal Appellate Judges, 1982MSS 01-3, Box 7
fileU. S. Courts of Appeals for the Federal Circuit Rules, 1981-1982MSS 01-3, Box 7
fileU. S. Courts of Appeals for the Federal Circuit Tenth Anniversary Program, 1992, Oct. 1MSS 01-3, Box 7
file"State of the Court" Summer Letters, 1983-1987MSS 01-3, Box 7
file"White Commission" or Commission on Structural Alternatives for the Federal Court of Appeals, 1989MSS 01-3, Box 8
seriesPersonal Materials
file[Court Claims Appointment]; Personnel File: Resume and Published Articles, etc, 1977MSS 01-3, Box 9
fileJudge Smith. Information re Appointment, 1978-1985MSS 01-3, Box 9
fileSmith Speeches, 1979-1988MSS 01-3, Box 9
file[Class Notes?, Working Materials? Probably related to Judge Smith and Scott P. Crampton], 1964-1969MSS 01-3, Box 9
otherlevelList of Persons with Whom Judge Smith Corresponded
subseriesRichard H. Appert, Esq. New York, New York
subseriesS. Eason Balch, Esq. Birmingham, Alabama
subseriesS. Eason Balch, Esq. Birmingham, Alabama
subseriesJohn S. Battle Richmond, Virginia
subseriesWilliam C. Battle President of Field Crest Mills, Inc. Eden, N. C.
subseriesAlexis I. du Pont Bayard, Esq. Wilmington, Delaware
subseriesSenator Birch Bayh Washington, D. C.
subseriesGeorge Beall, Esq. Baltimore, Maryland
subseriesGiora Ben-Horin, Esq. Phoenix, Arizona
subseriesEdward B. Benjamin, Jr., Esq. New Orleans, Louisiana
subseriesSenator Joseph R. Biden, Jr. Washington, D. C.
subseriesJohn M. Bray, Esq. Washington, D. C.
subseriesMortimer Caplin, Esq. Washington, D. C.
subseriesGene A. Castleberry, Esq. Oklahoma City, Oklahoma
subseriesCalvin H. Cobb, Esq. Washington, D. C.
subseriesSheldon S. Cohen, Esq. Washington, D. C.
subseriesScott P. Crampton, Esq. Washington, D. C.
subseriesBarbara B. Creed, Esq. San Francisco, California
subseriesEugene G. Eason, Esq. C/o Steptoe Johnson Clarksburg, West Virginia
subseriesE. Charles Eichenbaum, Esq. Little Rock, Arkansas
subseriesH. Vernon Eney, Esq. Baltimore, Maryland
subseriesHon. M. Carr Ferguson Tax Division, U. S. Dept of Justice Washington, D. C.
subseriesMarvin Joseph Garbis, Esq. Baltimore, Maryland
subseriesCharles W. Hall Houston, Texas
subseriesJohn H. Hall, Esq. Los Angeles, California
subseriesDon V. Harris, Esq. Washington, D. C.
subseriesIsaac Hecht, Esq. Baltimore, Maryland
subseriesF. Cleveland Hedrick, Jr. Washington, D. C.
subseriesLee H. Henkel, Jr., Esq. Atlanta, Georgia
subseriesVester T. Hughes, Jr. Esq. Dallas, Texas
subseriesHenry C. Ikenberry, Esq. Washington, D. C.
subseriesHon. Philip C. Jackson, Jr. Washington, D. C.
subseriesJulian I. Jacobs, Esq. Baltimore, Maryland
subseriesBruce H. Johnson, Esq. Oklahoma City, Oklahoma
subseriesJohn B. Jones, Esq. Washington, D. C.
subseriesSenator. Edward M. Kennedy Washington, D. C.
subseriesWilliam L. Kinzer, Esq. Atlanta, Georgia
subseriesJules G. Korner, III Washington, D. C.
subseriesHover T. Lenz, Esq. Denver, Colorado
subseriesWarren V. Ludlam, Esq. Jackson, Mississippi
subseriesCharles C. MacLean, Esq. New York, New York
subseriesWilliam D. McLean, Esq. Rockville, Maryland
subseriesSenator Charles Mc C. Mathias, Jr. Washington, D. C.
subseriesDonald L. McCaskey, Esq. Pittsburgh, Pennsylvania
subseriesRobert P. Mittelman, Esq. Baltimore, Maryland
subseriesStanley C. Morris, Jr. Washington, D. C.
subseriesSenator Sam Nunn Washington, D. C.
subseriesHon. Louis F. Oberdorfer McLean, Virginia
subseriesJohn S. Pennell, Esq. Chicago, Ill.
subseriesJohn T. Piper Bogle Gates Seattle, Washington
subseriesLester M. Ponder, Esq. Indianapolis, Indiana
subseriesC. Frank Reifsnyder, Esq. Washington, D. C.
subseriesMitchell Rogovin, Esq. Washington, D. C.
subseriesAlan F. Rothschild, Esq. Columbus, Georgia
subseriesMichael C. Russ, Esq. Atlanta, Georgia
subseriesFrank P. Samford, Jr., Esq. Birmingham, Alabama
subseriesHon. Barefoot Sanders, Jr., Esq. Dallas, Texas
subseriesJacques T. Schlenger, Esq. Baltimore, Maryland
subseriesEsward J. Schmuck, Esq. Washington, D. C.
subseriesBernard G. Segal, Esq. Philadelphia, Pennsylvania
subseriesSargent Shriver, Esq. Washington, D. C.
subseriesSherwin P. Simmons, Esq. Trebam, Simmons, Kemper, Scharf, Barkin, Frye O'Neill Tampa, Florida
subseriesGeorge A. Smathers, Esq. Washington, D. C.
subseriesGary P. Smith, Esq. Birmingham, Alabama
subseriesSenator John Sparkman Washington, D. C.
subseriesHart H. Spiegel, Esq. San Francisco, California
subseriesNorman A. Sugarman, Esq. Washington, D. C.
subseriesWilliam A. Sutherland, Esq. Sutherland, Asbill Brennan Washington, D. C.
subseriesSenator Herman E. Talmadge Washington, D. C.
subseriesS. Shepherd Tate, Esq. Memphis, Tennessee
subseriesJoseph D. Tydings, Esq. Washington, D. C.
subseriesWilliam Waller, Esq. Nashville, Tennessee
subseriesJohnie M. Walters, Esq. Washington, D. C.
subseriesMeade Whitaker, Esq. Washington, D. C.
subseriesW. Bew White, Jr., Esq. Birmingham, Alabama
subseriesStanley H. Wilen, Esq. Baltimore, Maryland
subseriesGlen A. Wilkinson, Esq. Washington, D. C.
subseriesElliott T. Williams, Esq. Birmingham, Alabama
subseriesAndrew B. Young, Esq. Philadelphia, Pennsylvania