Prudential Federal Savings & Loan Association v. Flanigan

478 U.S. 1311, 107 S. Ct. 38, 92 L. Ed. 2d 761, 55 U.S.L.W. 3238, 1986 U.S. LEXIS 2863

Opinion

Justice Rehnquist, Circuit Justice.

The application for a writ of injunction pending appeal is denied. The constitutional issues addressed in the application were not properly presented to the Montana Supreme Court until the applicants filed for rehearing. The court denied the petition for rehearing without comment, consistent with its practice of refusing to consider issues not pressed at each stage of the litigation. See Femling v. Montana State University, - Mont. -, 713 P. 2d 996, 999 (1986); Dodd v. East Helena, 180 Mont. 518, 523, 591 P. 2d 241, 244 (1979). Under these circumstances, the claims presented by the applicants are not properly before me. “Questions first presented to the highest State court on a petition for rehearing come too late for consideration here . . . .” Radio Station WOW, Inc. v. Johnson, 326 U. S. 120, 128 (1945).

Denied.

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