Elgin, Joliet & Eastern Railway Co. v. Gibson

C. A. 7th Cir. Certiorari denied.

Memorandum of

Mr. Justice Frankfurter, in which Mr. Justice Harlan joins.

Although the Court has definitively decided that a denial of a petition for certiorari carries no legal significance, Brown v. Allen, 344 U. S. 443, 489-497, the bar, in briefs, and lower courts, in their opinions, continue to note such denials by way of reinforcing the authority of cited lower court decisions. It has therefore seemed to me appropriate from time to time to emphasize through concrete illustrations that a denial of certiorari does not imply approval of the decision for which…