Menke v. Thompson’s Empirical Analysis
140 F.2d 786 · 1944
Citation profile
22 federal appellate · 3 district · 15 state decisions
How this case has been cited
Cited by 47 later decisions — most recently April 1980 · most notably Gitelson v. Du Pont (1966), Valle v. Joint Plumbing Industry Board (1980)
22 federal appellate · 3 district · 15 state decisions — followed in 10 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
Relies on Clark v. New England Telephone & Telegraph Co. · In Re the Voluntary Dissolution of Lenox Corp. · Schofield v. Zion's Co-Op. Mercantile Institution · Albring v. New York Central and Hudson River Rail. Co. · McCullough v. Clinch-Mitchell Const. 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The decision of the Board of Pensions denying Menke’s claim for a pension is therefore conclusive, to use the words of this court in Guild v. Andrews, 8 Cir., 137 F. 369, 371 , ‘in the absence of fraud or such gross mistakes as imply bad faith or a failure to exercise an honest judgment.’ The burden of showing such fraud, bad faith, or mistake was upon the appellant here, and, to sustain such a showing, the evidence ‘must be more than a mere preponderance, it must be overwhelming.’ * * * ””
3 later decisions 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.