John Marshall Harlan II,
Mercer v. Theriot — Dissent
“ Accordingly, the case, as it revealed itself at argument, was not appropriate for review by this Court. See my opinion in Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521, 559, 77 S.Ct. 457, 478, 1 L.Ed.2d 511, and the dissenting opinion of Mr. Justice Frankfurter in the same case, id., at 524, 77 S.Ct. at 458, 1 L.Ed.2d 511. The views there expressed apply with particular force in a diversity case, where the cause of action is founded on state rather than federal law. See the opinion of Mr. Justice Frankfurter, dissenting in Gibson v. ”
