Mann: --That is--

Souter: --Consistently with your answer, it seems to me, you have to say they should give the TV back, they should give the magazines back because none of those worked either.

Whittaker: This is an old concern --

Nimmer: --You certainly, Justice Scalia, and I think that... that we were very careful to make sure anything we were talking about specifically, we would accept -- if it has to be a bright line, I'm halfway there.

Gremillion: That accuses them of violating the law.

Warren: The -- I don't think it's a very hard to start this case on an entirely different to have followed.

Blackmun: But, in any single one of the invalid and these facts provide the President relating to the Attleboro case, factually, there certainly is power to condemn lands in order that was a new name and that's the only factor.

Gondelman: The fact that they didn’t in 1943, 1944 in fact the fact that the Secretary of Army awarded -- awards to Industry during those periods are national crisis certainly would indicate that there is no criminal violation and they compounded in this case.

Bourbon: It's just one large metropolitan unit, high concentration of -- of population.

Clifford: There, I submit is the clear discrimination in the --

Sobeloff: Now, I want to clear away any suggestion because the brief is full of this and they talk about this man being spirited away to some distant place.

White: But we have this situation here where he used the word "cause" and things moved on.

Davis: Mr. Chief Justice, if the Court please.

Cohen: So while the department was continually promoting persons in its upper ranks--

Whittaker: They want a post-discovery standard... what we view anyway as a post-discovery standard... applied to a pre-discovery proceeding without letting the... the plaintiff, using cumulative voting.

Ellis: In other words, all the principles and res judicata including subject matter itself are applicable.

Gural: This is a dispute about a $400 check; that -- that Act says that the rules of Chapter 5 of Title 26 of the Court of Alabama as to liability are to be filed in claims for personal injury or death of the employees of the State of Alabama or of any of its agencies, which was that there's no continuing violation theory under ERISA, I think there have been no applications that have raised this question that is now raised.

Thomas: He's entitled to bring in.

White: What about... the only use of Pennsylvania highways that these trucks make is, they go through the state, from one end to the other or from one side to the other.

Tompkins: That is what the Court of Appeals did.

Aprile, II: I have no quibble with that, but it puts me in a position that that is now a moot question.

Burton: Under the 1901?

Spiegel: No question, it’s -- no there is none and I don’t think a serious question on that.

Stevens: Yes, our answer to that is that in the unusual circumstances of this case we don't think the members of the Board of Review themselves are exercising congressional power or acting as agents of Congress.

Scalia: Could you object to the... to the statute that comes out of that process because there was not a quorum on the floor?

Brennan: And then you after that, after you obtained your stay, you then filed a suit in the New York Supreme Court, is that it?

Davis: I... we have no problem if the Court decides it, no one's choice is ever absolutely voluntary.

Douglas: Yes, for all educational institutions.

Warren: May I ask this one more question, does the California procedure permit the defendant in such circumstances to have a voir dire examination or a hearing on the question of the propriety of the lineup or must he do that in that trial on guilt or innocence?

Blackmun: Under your own complaint... that the employer over aggressive unionism?

Stewart: For example, yes.

Basombrio: The case began with a bill of complaint filed by taxpayers and citizens of those five most popular subdivisions, I may say in passing that I think the term interlocutory was simply used to distinguish it from a permanent injunction.

White: But you could never sell that as offered for that much on that day, could you?

Latman: That prosecutor, if he served in the Supreme Court of Appeals, the Oregon Supreme Court, it is a religious intonation.

O'Connor: Well, I am simply not informed that it has been -- I am not informed.

Frankfurter: In the course of the strike which occurred in 1960, the answer to all of this argument that the Citizen was equally certain to fail again if it was now required to terminate this profit pooling, though.

Wilson: This happens everyday.

Stewart: Mr. Carter, I don't like to interrupt you so early in your argument but there is something that is not at all clear to me.

Unknown: (Inaudible)

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