John's dissent suggests more problems with this case than I had fully appreciated and I am going to do some more thinking about it. As a minimum I think his Part III is well taken. I had not discerned that the Court of Appeals had not passed on the property interest claim. I think John's disposition could be incorporated in your Per Curiam and do it no damage.
Brennan, W.J. Correspondence from Brennan to Rehnquist, Codd V. Velger, 429 U.S. 624 (1977). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.