Benson v. Social Security Board’s Empirical Analysis
172 F.2d 682 · 1949
Citation profile
4 federal appellate ·
Relationships
Applies 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 42 U.S.C. § 1301 (§ 1101 of the Social Security Act of 1935) · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 409 (§ 209 of the Social Security Act of 1935)
Relies on National Labor Relations Board v. Hearst Publications, Inc. · United States v. Silk · Bartels v. Birmingham · Jones v. Goodson · United States v. Wholesale Oil 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(k) The term ‘employee’ means— "(1) any- officer of a corporation; or “(2) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee ; or “(3) any individual (other than an individual who is an employee under paragraph (1) or (2) of this sub-section) who performs services for remuneration for any person — ■ “(A) as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal; “(B) as a full-time life insurance salesman; “(C) as a home worker performing work, according to specifications furnished by the person for whom the services are performed, on materials or goods furnished by such person which are required to be returned to such person or a person designated by him, if the performance of such services is subject to licensing requirements under the laws of the State in which such services are performed; or “(D) as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for side-line sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in the”
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.