“ Mr. Justice CLARK, whom Mr. Justice HARLAN, Mr. Justice STEWART and Mr. Justice WHITE join, dissenting.
I have concluded that Harris Truck Lines v. Cherry Meat Packers, 371 U.S. 215, 83 S.Ct. 283 (1962) , should be confined to its peculiar facts, i. e., a finding of 'excusable neglect' under Rule 73 (a) of the Federal Rules of Civil Procedure. I say this, although I joined Harris, because the Court has used Harris to spawn the present hopeless confusion which I never contemplated at the time of its decision. Harris was the authority upon which the Court rested Thompson v. ”