Dutton v. Cities Service Defense Corp.’s Empirical Analysis
197 F.2d 458 · 1952
Citation profile
10 federal appellate · 2 district · 9 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2014 · most notably St. Paul Fire & Marine Insurance v. Thompson (1967), 12 Ariz. App. 424 - Navajo Freight Lines, Inc. v. Liberty Mutual Insurance (1970)
10 federal appellate · 2 district · 9 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 Morgenstern Chemical Co. v. Schering Corp. · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This Court has repeatedly pointed out the hazards involved in attempting to terminate litigation by dismissing a complaint for insufficiency of statement. To justify such a dismissal, it must appear as a matter of law that under no state of facts which could be proved in support of the claims pleaded would the plaintiff be entitled to any relief. See Woods v. Hillcrest Terrace Corporation, 8 Cir., 170 F.2d 980, 984 , and cases cited. In the case of McComb v. Johnson, 8 Cir., 174 F.2d 833, 834 , this Court said: “ ‘ * * * 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. Musteen v. Johnson, 8 Cir., 133 F.2d 106, 108 ; Stratton v. Farmers Produce Co., Inc., 8 Cir., 134 F.2d 825, 827 . 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. * * *”
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.