Marvin Edwin Whiteman v. L. G. Mathews’s Empirical Analysis
216 F.2d 712 · 1954
Citation profile
24 federal appellate · 3 district ·
How this case has been cited
Cited by 39 later decisions — most recently February 1980 · most notably E. I. Du Pont De Nemours & Co. v. Berkley & Co. (1980), Moon v. Cabot Shops, Inc. (1959)
24 federal appellate · 3 district ·
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 Cuno Engineering Corporation v. Automatic Devices Corporation · Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp. · Radio Corporation of America v. Radio Engineering Laboratories · Allied Wheel Products, Inc. v. Rude · Trico Products Corp. v. Delman 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The burden of proof imposed upon a party tendering the issue of prior public use is a heavy one. It is not satisfied by a mere preponderance of the evidence, but is borne successfully only if the evidence is clear and satisfactory — perhaps beyond a reasonable doubt. It is not the rule, however, that oral evidence is insufficient as a matter of law in .all cases; nor does the rule require the trial court to discard credible testimony merely because it is oral and because it deals with events and ■circumstances long past. If the evidence as to prior public use is such that it would be accepted as satisfactory and convincing in any other kind of case, criminal or civil, then the degree of proof fixed by law to establish such use is attained.” Whiteman v. Mathews, 9 Cir., 1954, 216 F.2d 712, 716 . (Emphasis added)”
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.