Atlantic Coast Line Railroad Company v. Brotherhood of Locomotive Engineers/Concurrence Harlan

Mr. Justice HARLAN, concurring.

I join the Court's opinion on the understanding that its holding implies no retreat from Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, 89 S.Ct. 1109, 22 L.Ed.2d 344 (1969). Whether or not that case controls the underlying controversy here is a question that will arise only on review of any final judgment entered in the state court proceedings respecting that controversy.

Mr. Justice BRENNAN, with whom Mr. Justice WHITE joins, dissenting.