Hampton v. Thompson’s Empirical Analysis
171 F.2d 535 · 1948
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 10 later decisions — most recently August 1976
5 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 45 U.S.C. § 151 (Railway Labor Act)
Relies on Thompson v. Texas Mexican Railway Co. · Missouri-Kansas-Texas R. v. Randolph · Order of Railroad Telegraphers v. New Orleans, Texas & Mexico Ry. Co. · Parker v. Illinois · Brotherhood of Railroad Trainmen v. Texas & P. Ry. Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““What and all that is for decision here, then, is whether the fact, that appellants are Negroes and members of an all Negro railway labor union, entitles them, the Railway Labor Act notwithstanding, to bypass the National Railroad Adjustment Board and sue direct in the ' federal courts upon grievances with their employer. '* *- * * # “(2) Constitutional amendments and federal statutes, dealing with race or color, were written, they have been interpreted and applied, riot to discriminate in favor of Negroes, but to prevent discrimination-against them, not to make, but to prevent, a different rule for Negroes than for whites. On page 2 of their reply brief, appellants say: ‘It is not necessary to prove that the individual members of the First Division have prejudice against Negroes or that the particular award was the produce of prejudice. All appellants have to prove is that the structure of the First Division is fatally tainted with race discrimination.’ When this statement is read in the light of the undisputed facts, indeed the facts admitted and found on this record, it is at once apparent that appellants are using an ancient device, assuming a situation favorable to theinselves, in order to get a favorable judgment. In short,-begH ging the question, they put a straw: man up to knock him down. The-dispute here involves no racial element whatever. The fact that the; brakemen in one group are Negroes, in the other whites, has no bearing on the demands of the B.R.T. lodges th”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.