Of those who have joined the current circulation, Potter has expressed a strong preference for the second alternative treatment of the "property interest" question now discussed in footnote 2, and Byron, Harry, Lewis, and I have expressed a preference for the first alternative. The Chief has expressed a preference for the first alternative, but has not ye joined the opinion. John has expressed a preference for the second alternative, but has circulated a dissenting opinion.
Rehnquist, W.H. Memorandum to the Conference, Codd v. Velger, 429 U.S. 624 (1977). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.