Willy v. Coastal States Management Co., Inc.

OWEN, Justice, joined by HECHT, Justice, concurring.

As a rule, I am loath to withdraw an order granting an application for writ of error (or petition for review) as improvidently granted after the Court has heard oral argument unless there is some change in the ease — not merely the Justices’ views of the case — that casts the matter in a wholly different light. Having been invited to brief and argue the merits of their dispute, the parties should not simply be sent away without an answer. In this case it was not entirely clear until oral argument that the principal dispute between the…