Barnett v. Hines’s Empirical Analysis
105 F.2d 96 · 1939
Citation profile
19 federal appellate · 8 district ·
How this case has been cited
Cited by 35 later decisions — most recently April 1976 · most notably Nicholas J. Larionoff, Jr. v. The United States of America, Nicholas J. Larionoff, Jr. v. The United States of America (1976), De Rodulfa v. United States (1972)
19 federal appellate · 8 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
Relies on Lynch v. United States · Silberschein v. United States · Cummings v. Deutsche Bank Und Discontogesellschaft · Smith v. United States · United States v. Mroch
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The original and amendatory acts, however, preclude judicial review of the awards of the Veterans’ Administration. While it was at one time thought that review might lie if an award were wholly unsupported by evidence, wholly dependent upon a question of law, or clearly arbitrary or capricious, Silberschein v. United States, 266 U.S. 221 [ 45 S.Ct. 69 , 69 L.Ed. 256 ] * * * section 5, Tit. I of the Economy Act * * * seems to have removed the possibility of judicial relief even in such special circumstances. Lynch v. United States, 292 U.S. 571, 587 [ 54 S.Ct. 840 , 78 L.Ed. 1434 ].’ “In view, of the fact that retirement pay is a gratuity which Congress may withdraw, the denial of judicial review by Section 5 is valid. Smith v. United States, 1936, 8 Cir., 83 F.2d 631 ; cf. Cummings v. Deutsche Bank, 1937, 300 U.S. 115 , 57 S.Ct. 359 , 81 L.Ed. 545 .””
1 later decision quote this exact passage““All decisions rendered by the Admin-sitrator of Veterans’ Affairs under the provisions of this- title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision.””
1 later decision quote this exact passage
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.