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← 174 F.2d 833 - McComb v. Johnson

McComb v. Johnson’s Empirical Analysis

174 F.2d 833 · 1949

Citation profile

10
cited by 10 later decisions
1
states following
August 1976
most recently cited

6 federal appellate · 1 district · 1 state decisions

How this case has been cited

Cited by 10 later decisions — most recently August 1976

6 federal appellate · 1 district · 1 state decisions

701949195019601970decided

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 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)

Relies on Kennedy v. Silas Mason Co. · Musteen v. Johnson · Stratton v. Farmers Produce Co. · Woods v. Hillcrest Terrace Corp.

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ * * * He (the plaintiff) may not be able to establish the claims stated in his complaint, but we think he is, at least, entitled to make the attempt. The issues tendered by the complaint are too important and far reaching to be decided upon an assumed state of facts gleaned from a pleading. * * * The District Court’s prognostication of the out come of this case may eventually prove to be correct, but it was premature and based upon indefinite inferences which may have no basis in fact. We have twice before had occasion to point' out the impropriety of deciding questions of coverage under the Fair Labor Standards Act upon motions to dismiss a complaint .for failure to state a claim upon which relief could be granted. * * The futility of attempting to terminate a lawsuit by granting such a motion, unless it presents a simple, definite, clear-cut issue of law, has been pointed out by this Court in many cases. * * * “We have no doubt that if this Court were to decide the question -of the applicability of the Fair Labor Standards Act to the defendants’ operations upon the present record, a petition for certiorari by the party aggrieved would result in the remand of the case by the Supreme Court to the District Court for a more complete record.””
    2 later decisions 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.