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Conference Note

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As you know , we have discussed with one another the possible jurisdictional problems in this case, and I would be the first to admit that it is an extremely "close call" if we were to say that the Court has jurisdiction under 28 U.S.C. § 1257, which I believe is the only general statute giving us jurisdiction over "final judgments or decrees rendered by the highest court of a State in which a decision could be had. " I am troubled by the fact that the respondent did not raise this point in his memorandum in opposition to certiorari , not because a failure to do so would prevent us from noting it, but because his having done so might have alerted us to the problem.

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