Southern Pacific Company v. Gileo/Concurrence Harlan

Mr. Justice HARLAN concurs in the result.

Mr. Justice REED and Mr. Justice FRANKFURTER agree that the writs in Southern Pacific Co. v. Eufrazia and Southern Pacific Co. v. Eelk must be dismissed because they were improvidently granted for want of final state court judgments. Regarding Southern Pacific Co. v. Gileo, Southern Pacific Co. v. Aranda, and Southern Pacific Co. v. Moreno, they disagree with the Court's theory in applying the Act of 1939, for the reasons set forth in Mr. Justice Frankfurter's dissent in Reed v. Pennsylvania R. Co., 351 U.S. 502, 76 S.Ct. 958.