El Paso Building & Construction Trades Council v. El Paso Chapter Associated General Contractors of America’s Empirical Analysis
376 F.2d 797 · 1967
Citation profile
24 federal appellate · 1 district ·
How this case has been cited
Cited by 37 later decisions (1 by the Supreme Court) — most recently September 2005 · most notably Textron Lycoming Reciprocating Engine Division Avco Corp v. United Automobile Aerospace and Agricultural Implement Workers of America International Union 787 (1998), Orix Credit Alliance, Inc. v. Wolfe (2000)
24 federal appellate · 1 district ·
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 28 U.S.C. § 2201 · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on Textile Workers v. Lincoln Mills of Ala. · Aetna Life Ins Co of Hartford Conn v. Haworth · Maryland Casualty Co. v. Pacific Coal & Oil Co. · Skelly Oil Co. v. Phillips Petroleum Co. · Public Serv. Comm'n of Utah v. Wycoff 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But ever since Textile Workers Union v. Lincoln Mills of Ala., 353 U.S. 448 , 77 S.Ct. 912 , 1 L.Ed.2d 972 (1957), it has been generally accepted that the scope of See. 301 is not restricted to suits for damages or specific enforcement . . . parties to a collective bargaining contract will be able to secure under Sec. 301 declarations of their rights under a contract by means of the declaratory judgement procedure.” El Paso Bldg. & Const. Tr. Coun. v. El Paso Chap. Assoc. Gen. Con., 376 F.2d 797 , 800 (5 Cir. 1967).”
1 later decision quote this exact passage · from the majority“contemplates not only the ordinary lawsuits for damages but also such other remedial proceedings, both legal and equitable, as might be appropriate in the circumstances; in other words, proceedings could, for example, be brought by employers ... in order to secure declara- • tions from the Court of legal rights under the contract.”
1 later decision quote this exact passage · from the majority“[i]n a case of actual controversy within its jurisdiction ... may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.”
1 later decision quote this exact passage · from the majoritye.g. No. 85-6081
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.