In re Universal Lubricating Systems, Inc.’s Empirical Analysis
150 F.2d 832 · 1945
Citation profile
2 state decisions
How this case has been cited
Cited by 6 later decisions — most recently June 1980
2 state decisions
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 11 U.S.C. § 501
Relies on Case v. Los Angeles Lumber Products Co. · Consolidated Rock Products Co. v. Du Bois · Committee for Holders of Central States Electric Corp. v. Kent · 42 F. Supp. 140 - Stewart-Warner Corporation v. Staley · In re Universal Lubricating Systems, Inc.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(c) After deducting from the recovery of said litigation, all counsel fees, costs, expenses or other items incidental to the litigation, and also any taxes or other charges of similar or dissimilar nature, which equitably should be deducted therefrom, and remaining proceeds shall be earmarked and paid by the Trustee in the following manner: “1. First, he shall pay to the reorganized company the amount needed for the following purpose * * * for the retirement of the issued preferred shares to its capital stock, said amount to be earmarked and available only for that purpose. “2. If said remaining proceeds, so earmarked, shall be insufficient for a retirement of all of said preferred shares, they shall be distributed equally among said preferred shares, in the nature of a liquidating dividend. “3. The balance, then remaining in the hands of the Trustee, after such earmarking and distribution — if there be such balance — shall be distributed and paid by the Trustee, under the direction of the Court, among the present preferred and common shares of debtor, as a liquidating dividend and in accordance with debtor’s provisions as to the priority rights of its preferred shares on liquidation.””
1 later decision quote this exact passage · from the majority“We have not, of course, the faintest notion of the strength of the debtor’s case nor the defendant’s defense in the forthcoming litigation. The suit has not yet been tried and is still in the preliminary stage. Lawsuits, even those in which a plaintiff endeavors to prove liability up to the hilt, are uncertain things both as to the time which they take and what the end product to the litigant will be.”
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.