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← 198 F.2d 571 - Wing v. Arnall

Wing v. Arnall’s Empirical Analysis

198 F.2d 571 · 1952

Citation profile

17
cited by 17 later decisions
October 1968
most recently cited

11 federal appellate · 3 district ·

Relationships

Relies on Yakus v. United States · Virginian Ry Co v. System Federation No 40 · Virginian Ry Co v. United States · Ohio Oil Co. v. Conway · Benson Hotel Corp. v. Woods

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

  1. ““It is apparent that in the case of an application such as this, for a temporary injunction against the enforcement of a price regulation of general applicability the complainants do not seek to preserve the status quo but rather to change it in their own interest. It is equally clear that such a change, which would necessarily involve the temporary lifting of the price ceiling in question throughout the United States, might have repercussions in the economy of the nation which it would be impossible to calculate in advance and which would inevitably affect the public interest adversely in ways which could not possibly be compensated by an injunction bond.””
    2 later decisions quote this exact passage
  2. ““Sec. 408(a) Any person who is aggrieved by the denial or partial denial of his protest may, within thirty days after such denial, file a complaint with the Emergency Court of Appeals specifying his objections and praying that the regulation or order protested be enjoined or set aside in whole or in part. A copy of such complaint shall forthwith be served on the President, who shall certify and file with such court a transcript of such portions of the proceedings in connection with the protest as are material under the complaint. Such transcript shall include a statement setting forth, so far as practicable, the economic data and other facts of which the President has taken official notice. Upon [the] such filing, [of such complaint] the court shall have exclusive jurisdiction of the proceeding and of all questions determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper; to permanently en- ■ join or set aside [such regulation or order], in whole or in part, the regulation or order or the amendment of or supplement to the regulation or order protested; to make and enter upon the pleadings, evidence, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the President; to dismiss the [complaint,] petition; or to remand the proceeding to the President for further action in accordance with the courfs decre”
    1 later decision quote this exact passage
  3. “The granting of a temporary injunction is not a matter of right, however, even if irreparable injury might otherwise result to the complainant but is an exercise of judicial discretion [Virginian Ry. Co. v. United States, 272 U.S. 658 , 672, 47 S.Ct. 222, 71 L.Ed. 463]. And where a temporary injunction is sought which will adversely affect a public interest for whose impairment, even temporarily, an injunction bond cannot compensate, the court may in the public interest withhold relief until a final determination of the rights of the parties, though the postponement may be burdensome to the complainant. [Yakus v. United States, 321 U.S. 414 , 440, 64 S.Ct. 660, 88 L.Ed. 834].”
    1 later decision quote this exact passage

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.