Switzer Bros. v. Locklin’s Empirical Analysis
207 F.2d 483 · 1953
Citation profile
26 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 45 later decisions (1 by the Supreme Court) — most recently August 2020 · most notably Interstate Commerce Commission v. Atlantic Coast Line R. (1966), Locklin v. Day-Glo Color Corporation (1970)
26 federal appellate · 2 district · 4 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 Moore v. New York Cotton Exchange · Mercoid Corporation v. Mid-Continent Inv Co · General Electric Co. v. Marvel Rare Metals Co. · American Mills Co. v. American Surety Co. · Chandler & Price Co. v. Brandtjen & Kluge, Inc.
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * is a separate statutory cause of action. The fact that it might have been asserted as a counterclaim in the prior suit by reason of Rule 13(b) of the Rules of Civil Procedure, does not mean that the failure to do so renders the prior judgment res judicata as respects it.””
3 later decisions quote this exact passage“Both the words 'compulsory' in paragraph (a) and 'permissive' in paragraph (b) are descriptive of the rights of the pleader. Neither has any bearing upon the right or duty of the court when a counterclaim is presented.”
1 later decision quote this exact passage““A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject-matter of the opposing party’s claim.” (Emphasis added.)”
1 later decision quote this exact passagee.g. Joseph v. Darrar
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.