Walling v. Fairmont Creamery Co.’s Empirical Analysis
139 F.2d 318 · 1943
Citation profile
48 federal appellate · 20 district · 25 state decisions
How this case has been cited
Cited by 132 later decisions — most recently June 1998 · most notably Page v. Sloan (1972), Doehler Metal Furniture Co. v. United States (1945)
48 federal appellate · 20 district · 25 state decisions — followed in 13 states
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 29 U.S.C. § 207
Relies on Overnight Motor Transportation Co. v. Missel · Walling v. A. H. Belo Corp. · Toebelman v. Missouri-Kansas Pipe Line Co. · Fleming v. Jacksonville Paper Co. · Weisser v. Mursam Shoe Corp.
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 132 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * On a motion for a summary judgment the burden of establishing the nonexistence of any genuine issue of fact is upon the moving party, all doubts are resolved against him, and his supporting affidavits and depositions, if any, are carefully scrutinized by the court. * * *”
4 later decisions quote this exact passage · from the majority“The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Willoughby““When affidavits are offered in support of a motion for summary judgment, they must present admissible evidence and must not only be made on the personal knowledge of the affiant, but must show that the affiant possesses the knowledge asserted.””
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.