John Marshall Harlan II,
Iacurci v. Lummus Company — Dissent
“ Rather, I understood Neely to place upon the cur t of appeals the responsibility for determining 'in its informed discretion,' supra, at 329, at 1080 of 87 S.Ct., which, if any, of the issues urged in support of a new trial 'should be reserved for the trial court.' Ibid. I think that sound judicial administration demands that this Court should overturn a considered judgment of a court of appeals on such issues only in situations of manifest abuse of discretion. ”
