Acker v. United States’s Empirical Analysis

Citation profile

17 federal appellate ·

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

1. ““* * * While it is true that the two acts, the Servicemen’s Indemnity Act-of 1951 and the Insurance Act of 1951 [ 38 U.S.C.A. § 820 et seq.], are Parts One and Two of Public Law 23, it is not at all true that they are not separate acts but two parts of one act, that act an amendment of the National Life Insurance Act of 1940. This is made plain by the Preamble to Public Law 23, note 1, supra, and by the different and separate character of the two acts as shown by the different caption of each, the different name under which each-is to be cited, and the different content of each. It is particularly shown by the fact that while Part Two is declared to be, and is, an amendment to the National Life Insurance Act of 1940 and is to- be cited as the Insurance Act of 1951, Part One is stated to be, and is an act to authorize the payment of a gratuitous indemnity and is cited, not as an insurance act but as the Servicemen’s Indemnity Act of 1951 and while provision is made in it for promulgation by the Administrator of Veterans Affairs of Rules and Regulations to carry out the purpose of Part One, no provision is made, as is made in respect of contract insurance, for suit in the event of a disagreement.””

   1 later decision quote this exact passage
   e.g. Turner v. United States

2. ““Finally, on April 25, 1951, Congress enacted the Servicemen’s Indemnity Act of 1951, - 65 Stat. 33 , which was described in the preamble as an act to authorize the payment by the Administrator of Veterans’ Affairs of a ‘gratuitous indemnity’ to survivors of members of the Armed Forces who die in active service. * * * Nowhere in the Act is the gratuitous indemnity thus provided for described as a ‘contract of insurance’, nor did the Act contain any provision, such as was found in the National Service Life Insurance Act of 1940 [ 38 U.S.C.A. § 801 et séq.] and in the World War Veterans’ Act of 1924 [ 38 U.S.C.A. § 421 et seq.] authorizing suits against the United States on claims for the gratuitous indemnity.””

   1 later decision quote this exact passage
   e.g. Turner v. United States