Fleming v. Goodwin’s Empirical Analysis
165 F.2d 334 · 1948
Citation profile
18 federal appellate · 2 state decisions
How this case has been cited
Cited by 27 later decisions (2 by the Supreme Court) — most recently July 1968 · most notably United States v. Seigel (1948), Bowles v. Wilke (1949)
18 federal appellate · 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 Fleming v. Mohawk Wrecking & Lumber Co. · United States v. Hark · Utah Junk Co. v. Porter · United States Bernardin v. Butterworth · Ex parte La Prade
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Functions under the Emergency Price Control Act of 1942, as amended, transferred under the provisions of this order shall be deemed to include authority on the part of each officer to whom such functions are transferred hereunder to institute, maintain, or defend in his own name civil proceedings in any court (including the Emergency Court of Appeals), relating to the matters transferred to him, including any such proceedings pending on the effective date of the transfer of any such function under this order. The provisions of this paragraph shall be subject to the provisions of the Executive order entitled ‘Conduct of Certain Litigation Arising under Wartime Legislation/ [Order No. 9842] issued on the date of this order . . . .”
1 later decision quote this exact passage · from the majority““We think that Rule 25(d) is no broader than, the reason for it, and that this action may still be maintained, notwithstanding the failure of Bowles’ successors to comply with the rule. * * * The right and duty to institute and maintain the action attached to the office and not to the individual who happened to be holding the office at the time the action was brought.””
1 later decision quote this exact passage · from the majoritye.g. Neel v. Ball
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.