Sims v. Greene’s Empirical Analysis
160 F.2d 512 · 1947
Citation profile
42 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 59 later decisions (2 by the Supreme Court) — most recently June 2004 · most notably Sampson v. Murray (1974), Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70 (1974)
42 federal appellate · 4 district · 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
Relies on Erie Co v. Tompkins · Klaxon Co. v. Stentor Electric Manufacturing Co. · Yakus v. United States · Deckert v. Independence Shares Corp. · Watson v. Jones
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Every temporary restraining order * * * shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. * * *”
2 later decisions quote this exact passage · from the majority““We come next to questions respecting the nature and effect of the restraining order issued first upon December 2, 1946 and still in force. In extending the restraint the court below did not observe that provision of Rule 65(b) of the Rules of Civil Pro cedure, 28 U.S.C.A. following section 723c, which states, ‘The reasons for the extension shall be entered of record.’ The court also disregarded the following provision of Rule 65(b), ‘In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time * * It is settled that no temporary restraining order may be continued beyond twenty days unless the party against whom the order is directed consents that it may be extended for a longer period. See Section 381 of 28 U.S.C.A. and Rule 65 (b).””
1 later decision quote this exact passage · from the majority““In our opinion the restraining order now in effect in the District Court must be treated as a temporary injunction, issued without the consent of the defendant, in the face of his motion to dissolve it, and contrary to the provisions of Rule 52 (a). It is clear that an appeal lies from a temporary injunction. Deckert v. Independence Shares Corporation, 311 U.S. 282 , 61 S.Ct., 229 , 85 L.Ed. 182 . The appeal at bar therefore may not be dismissed and the order restraining the defendant must be reversed.””
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.