Judge J. Edward Lumbard '22, who was appointed to the 2nd Circuit Court of Appeals by President Dwight D. Eisenhower in 1955, died Thursday at his home in Fairfield, Conn. He was 97.

Born in Harlem in 1901, Lumbard graduated from DeWitt High School in 1918, Harvard College in 1922 and Harvard Law School (HLS) in 1925.

Upon graduation, Lumbard had been hired by a New York City law firm, but after a chance encounter with Emory Buckner--a prosecuting attorney for the U.S. attorney office for the Southern District of New York--Lumbard decided to accept a position as an assistant in the office. This began an involvement with the public sector that would be crucial to Lumbard's career.

"After graduating from law school in 1925, dad was going to work for one of the big New York law firms, which I have always considered the death of the soul," said Lumbard's son, Thomas Lumbard'58.

"Dad thought it was important for young lawyers to get into public service, and he himself shifted from the public to private sector throughout his career," his son added. "Whenever he was called upon to serve in the public sector he always responded to the trumpet call. And also importantly, he instilled this attitude in many young lawyers while at the U.S. attorney's office."

After working for three years as an assistantU.S. Attorney, Lumbard was named an assistant tofuture Supreme Court Justice John Harlan in anspecial prosecutor's investigation ofsewage-construction kickbacks in Queens, initiatedby Gov. Alfred E. Smith.

Three years later Lumbard was named the chiefof the criminal division for the U.S. attorney'soffice under Thomas E. Dewey.

In 1933, Lumbard left his post in the U.S.attorney's office and became a founding partner inthe law firm of Donovan, Leisure, Newton andLumbard.

After returning to the public sectors as aspecial assistant attorney general in charge of anewly formed election-fraud bureau in 1943,Lumbard accepted a temporary appointment as astate Supreme Court justice in New York in 1947.

In 1953, Lumbard once again left privatepractice, taking the post of U.S. attorney inManhattan.

He was appointed to the 2nd Circuit court ofappeals by Eisenhower in 1955, and became thechief judge there in 1959. After 12 years in thiscapacity, Lombard became a senior judge in 1971.

While a Court of Appeals judge, Lumbard showeda willingness to make bold decisions on issues ascontroversial as abortion.

"The year before Roe vs. Wade, hepresided over a challenge to a woman's right toabortion in Connecticut," his son said. "And afterhearing the case, he actually made a strongerstatement for choice than the Supreme Court did.He said that the choice was completely up to thewoman. Period."

After serving as an attorney in both theprivate and public sectors for over 60 years,Lumbard was content with his life's work andachievements, according to his son, although hereserved particular fondness for his years atHarvard.

A classroom at HLS is dedicated in Lumbard'shonor. An HLS alumnus who had taken part in aninternship program instituted by Lumbard while hewas at the U.S. attorney's office donated themoney for the classroom.

Lumbard is survived by his son Thomas, hisdaughter, Abigail Lumbard, and four grandchildren.His wife, Polly Poindexter, died in 1997