Koehring Company v. Hyde Construction Company/Dissent Black

Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins, dissenting.

I think, as shown by the record and the carefully prepared opinions of the able judges in both the Fifth and the Tenth Circuits, that the circumstances of this case are both too complex and obscure, and the issues which concern among other things the relationship between state and federal courts and the transfer of cases between federal courts are all too important to be treated in the cursory manner as they are by the Court here. This Court's reversal of the judgment below, without giving respondents any opportunity for oral argument to support the thoroughly considered opinion and holding of the Tenth Circuit, seems more extraordinary to me than what the Court's per curiam opinion refers to as the 'extraordinary circumstances' in the courts below. I dissent from that course of action taken by this Court.