Public-domain · open source
OpenJurist
← 152 FSUPP 257 - Gordon v. Feldman

Gordon v. Feldman’s Empirical Analysis

1957

Citation profile

3
cited by 3 later decisions
May 1972
most recently cited

Relationships

Applies 28 U.S.C. § 1444 · 28 U.S.C. § 2410

Relies on United States v. Sherwood · Wells v. Long · Lavenburg v. Universal Sportwear, Inc. · Department of Highways, State of La. v. United States · Vincent v. P. R. Matthews 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “28 U.S.C.A. § 2410 waives the immunity of the United States in an action to foreclose a lien upon real or personal pi-operty, upon which the United States has or claims to have a lien. This waiver expressly permits the United States to be sued in a state court having jurisdiction of the subject matter. Such immunity, however, is granted under the condition prescribed in Section 1444, which gives the United States the unqualified option to remove such an action to the district court. It follows that the immunity waived is conditioned upon the right of removal, and should that right be withheld or thwarted, it would seem to follow that the immunity is withdrawn. It follows, therefore, that there is no basis upon which this court can remand the case over the objection of the United States. (Emphasis added.)”
    1 later decision quote this exact passage · from the majority
  2. “Any action brought under section 2410 of this title against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pending.”
    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.