noting on rehearing that "we overlooked" an argument made "in [the] briefs on appeal"
How later courts described this case
- noting on rehearing that "we overlooked" an argument made "in [the] briefs on appeal"
Written by the judges who cited it.
The opinion
WALLACE, Circuit Judge,
concurring in part:
I concur in part. Concluding that the first of Judge Duniway’s reasons to deny the petition is more than adequate (“the assignment was of an application, not of a permit containing conditions”), I would not reach the constitutional issue. See Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 341 , 56 S.Ct. 466 , 80 L.Ed. 688 (1936) (Brandéis, J., concurring).