John Marshall Harlan II

“ Pan American World Airways, Inc., was an entirely different accident from the one in which petitioner's decedent was involved.
This, then, is hardly one of those rare cases in which "the interest in finality of litigation must yield" because "the interests of justice would make unfair the strict application of our rules," ante, pp. 26-27. On the contrary, the situation is one in which the prevailing party in this litigation had every reason to count on the judgment in its favor remaining firm. ”

“ The judgment against this petitioner became final as long ago as June 11, 1962. 370 U.S. 918, 82 S.Ct. 1556, 8 L.Ed.2d 499. The Court refused to reconsider it four months later when it denied rehearing on October 8, 1962. 371 U.S. 856, 83 S.Ct. 17, 9 L.Ed.2d 93. When some two years later, July 13, 1964, the Court of Appeals for the Fourth Circuit upheld a compensation award with respect to a co-employee of Gondeck killed in the same accident, Pan American World Airways, Inc. v. O'Hearne, 335 F.2d 70, petitioner did not even seek to file another petition for rehearing here. ”