Supreme Court of the United States, 1983

Westinghouse Electric Corp. v. Tully

Supreme Court of the United States · Decided January 17, 1983 · Marshall, Stevens, Whom

459 U.S. 1144; 103 S. Ct. 784; 51 U.S.L.W. 3532; 74 L. Ed. 2d 991; 1983 U.S. LEXIS 3081 (United States Reports)

Dissenting Opinion

Justice Stevens, with whom Justice Marshall joins,

dissenting.

While I agree with the Court’s conclusion that the second question in the jurisdictional statement is insubstantial, I do not believe a court of law has the power simultaneously to dismiss and to accept jurisdiction of a single appeal from a single judgment, I therefore do not join the Court’s order.

Opinion of the Court

Appeal from Ct. App. N. Y. Probable jurisdiction noted limited to Question 1 presented by the statement as to jurisdiction. With respect to Question 2 presented by the statement as to jurisdiction, the appeal is dismissed for want of substantial federal question.

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