James C. Jacobson v. Indus. Found. of the Permian Basin, 456 F.2d 258 (5th Cir. 1972). · Go Syfert
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James C. Jacobson v. Indus. Found. of the Permian Basin, 456 F.2d 258 (5th Cir. 1972). Cases Citing This Book View Copy Cite
29 citation events (1 in the last 25 years) across 15 distinct courts.
Strongest positive: McDonald v. City of Saint Paul (mnd, 2011-05-12) · Strongest negative: James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical Workers (ca5, 1977-01-20)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited "but see" James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical Workers
5th Cir. · 1977 · signal: but see · confidence high
But see Cohen v. Illinois Institute of Technology, 524 F.2d 818 (7th Cir.), cert. denied, 425 U.S. 943 , 96 S.Ct. 1683 , 48 L.Ed.2d 187 (1976) (per Stevens, J.) (no source of constitutional power for section 1985(3) to redress sex discrimination) 40 Jacobson v. Industrial Foundation of the Permian Basin, 456 F.2d 258 (5th Cir. 1972) 41 Bricker v. Crane, 468 F.2d 1228 (1st Cir. 1972), cert. denied, 410 U.S. 930 , 93 S.Ct. 1368 , 35 L.Ed.2d 592 (1973) 42 Furumoto v. Lyman, 362 F.Supp. 1267, 1286 (N.D.Cal.1973) 43 Id 44 Smith v. Armstrong, 396 F.Supp. 753 (N.D.Tex.), aff'd without opinion, 524 F.…
cited Cited as authority (rule) McDonald v. City of Saint Paul
D. Minnesota · 2011 · confidence medium
Found. of Permian Basin, 456 F.2d 258, 259 (5th Cir.1972) (per curiam).
discussed Cited as authority (rule) Rodgers v. Tolson
4th Cir. · 1978 · confidence medium
Cf., Bricker v. Crane, 468 F.2d 1228, 1232-33 (1st Cir. 1972); Jacobson v. Industrial Foundation of the Permian Basin, 456 F.2d 258, 259 (5th Cir. 1972). 7 We therefore affirm the district court's dismissal of the § 1985(3) claim.
cited Cited as authority (rule) Rodgers v. Tolson
4th Cir. · 1978 · confidence medium
Cf., Bricker v. Crane, 468 F.2d 1228, 1232-33 (1st Cir. 1972); Jacobson v. Industrial Foundation of the Permian Basin, 456 F.2d 258, 259 (5th Cir. 1972).
discussed Cited as authority (rule) DesVergnes v. Seekonk Water District
D. Mass. · 1978 · confidence medium
E. g., Arnold v. Tiffany, 487 F.2d 216, 217-19 (9th Cir. 1973), cert. denied, 415 U.S. 984 , 94 S.Ct. 1578 , 39 L.Ed.2d 881 (1974); Hughes v. Ranger Fuel Corp., 467 F.2d 6, 10-11 (4th Cir. 1972); Jacobson v. Industrial Foundation of the Permian Basin, 456 F.2d 258, 259 (5th Cir. 1972); Kletschka v. Driver, 411 F.2d 436, 447 (2d Cir. 1969); Kimble v. D.
discussed Cited "see" Silkwood Ex Rel. Silkwood v. Kerr-McGee Corp.
W.D. Okla. · 1978 · signal: see · confidence high
See Jacobson v. Industrial Foundation of Permian Basin, supra.” [Id. at 1232-1233.] Having fully considered the authorities set forth above as well as others recited by counsel in their briefs and arguments, this Court finds itself in agreement with the numerous courts who have rejected claims of class-based animus allegedly directed toward groups which did not tend to exist prior to the occurrence of the events set forth in the complaint and which tend to be defined by one particular activity or by plaintiff’s individual situation.
discussed Cited "see" McLellan v. Mississippi Power & Light Co.
5th Cir. · 1976 · signal: see · confidence high
He alleges a company policy of discharging bankrupts, discriminating against the class of MPL employees who seek to file in bankruptcy and- re- suiting from a conspiracy between the defendants. 11 The adequacy of these allegations is seen by close analysis of the Griffin formula: “some racial, or perhaps otherwise class-based, invidiously discriminatory animus.” We turn first to the requirement that the asserted discrimination be “class-based.” We have already noted the Sixth Circuit’s statement that the class must be “clearly defined,” Cameron, supra; see Jacobson, supra. 12 If …
cited Cited "see" Glenn W. Bricker, M.D. v. Henry D. Crane, Jr., M.D.
1st Cir. · 1972 · signal: see · confidence high
See Jacobson v. Industrial Foundation of Permian Basin, 456 F.2d 258 (5th Cir. 1972).
cited Cited "see, e.g." Kimble v. D. J. McDuffy, Inc.
E.D. La. · 1978 · signal: compare · confidence low
Compare Jacobson v. Industrial Foundation of the Permian Basin, 5th Cir. 1972, 456 F.2d 258 (per curiam). 4 .
cited Cited "see, e.g." Heyn v. Board of Supervisors of Louisiana State University
E.D. La. · 1976 · signal: see also · confidence low
See also, Jacobson v. Industrial Foundation of Permian Basin, 456 F.2d 258 (C.A.5, 1972); Kletschka v. Driver, 411 F.2d 436, 447 (C.A.2, 1969).
cited Cited "see, e.g." Jones v. Bales
N.D. Ga. · 1972 · signal: see also · confidence low
See also Jacobson v. Industrial Foundation of Permian Basin, 456 F.2d 258 (5th Cir. 1972).
Retrieving the full opinion text from the archive…
James C. JACOBSON, Plaintiff-Appellant,
v.
INDUSTRIAL FOUNDATION OF the PERMIAN BASIN Et Al., DefendantsAppellees
71-2683.
Court of Appeals for the Fifth Circuit.
Mar 16, 1972.
456 F.2d 258
1972 U.S. App. LEXIS 10696
Dan Sullivan, Andrews, Tex., for plaintiff-appellant., Brooks L. Harman, James M. O’Leary, W. O. Shafer, Terry K. Donk, Odessa, Tex., Rush Moody, Jr., Harrell Feldt, Midland, Tex., Richard K. Nunley, W. R. Barnes, Odessa, Tex., for defendants-ap-pellees.
Gewin, Ainsworth, Simpson.
Cited by 26 opinions  |  Published
PER CURIAM:

James C. Jacobson filed suit under 42 U.S.C. § 1985(3) seeking compensatory and punitive damages for an alleged conspiracy to deprive him of employment by placing his name “on some nature of ‘blacklist’ ” because he had made claims for injuries under the Texas Workmen’s Compensation Act. The suit was dismissed on motion of the defendants because of its failure to state a claim upon which relief could be granted. We affirm.

In his brief and on oral argument plaintiff forthrightly admits that he is not a member of a racial minority or group. He asserts:

Plaintiff herein frankly admits that his attempted adoption of 42 U.S.C. 1985(3) to the facts in his case is a departure from the traditional civil rights case.

Plaintiff vaguely argues that he is a member of a class composed of those who have filed similar claims for workmen’s compensation. There is nothing in the record to support his contention that he has filed a class action or that such a class exists, even under a most liberal interpretation of his complaint.

In the trial court the plaintiff filed a motion to stay proceedings until the Supreme Court rendered its decision in Griffin v. Breckenridge, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971). Apparently the action was stayed until the Griffin decision was rendered and the trial court then dismissed the complaint. In our opinion Griffin disposes of the issues here involved contrary to the contentions of Jacobson.

Judgment affirmed.