Frontier Federal Savings & Loan Association v. Douglass

This office originally circulated to the Court membership a final draft of a proposed majority opinion, much of which now comprises this dissenting opinion. That opinion failed to obtain a majority, and now is meaningless ancient history, other than serving to demonstrate the collegiality of the Court as presently constituted. Justice McDevitt, in authoring his opinion which has gained a majority, embodies much of what this office wrote earlier.

Putting that observation aside, I add that Justice McDevitt’s majority opinion is well written; it represents one view. I write to set forth my…