Legal Opinion · Dissent

Frank Hampton v. City of Jacksonville, Florida

Court of Appeals for the Fifth Circuit

Decided June 29, 1962No. 19298Published

1DissentGewin, Circuit Judge

In this case the majority opinion assigns the judicial plow to an earthmoving task in strange new ground. Being unable to follow the winding and flexuous course of the furrows that skim across the surface in important areas, cut a shallow track at other places, and never reach standard depth anywhere, I respectfully dissent.

At best, the majority opinion constitutes an unwarranted extrapolation of the principle of equal protection of the laws as set forth in the Fourteenth Amendment.

On April 1, 1959, effective as of April 7, 1959, the same court and the same judge, upon the plaintiffs’ motion…

2Cases cited10 opinions

  1. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  2. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  3. W. F. (Dee) Derrington and Harris County, Texas, Acting Herein by Its County Judge and Commissioners v. M. W. PlummerCourt of Appeals for the Fifth Circuit · 1957
  4. Lillie Boman v. Birmingham Transit CompanyCourt of Appeals for the Fifth Circuit · 1960
  5. Sorrells v. McNallySupreme Court of Florida · 1925

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