Slagle v. United States’s Empirical Analysis
228 F.2d 673 · 1956
Citation profile
32 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 48 later decisions — most recently June 1997 · most notably Hayden v. First National Bank (1979), National Screen Service Corp. v. Poster Exchange, Inc. (1962)
32 federal appellate · 1 district · 3 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
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Whitaker v. Coleman · Toebelman v. Missouri-Kansas Pipe Line Co. · Farrall v. District of Columbia Amateur Athletic Union · Chappell v. Goltsman
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Proper practice would suggest that the motion to dismiss be overruled and that appellants be given reasonable time after the issues have been clarified by answer, to pursue the salutary processes provided by the rules for discovering and presenting proof upon those issues. The clearing of court dockets is one of the desiderata in the judicial function. But it should not be allowed to become a fetish for it does not rank with the raison d'etre of courts, — the administration of justice based upon a full and fair disclosure of the facts.” Slagle v. United States, 228 F.2d 673, 679 (5th Cir.1956).”
3 later decisions quote this exact passage · from the majority“* * * If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, * * *.”
2 later decisions quote this exact passage · from the majority““Appellees next contend that the complaint, when read in conjunction with the motion to dismiss and the affidavit in support thereof, states, no claim against defendants upon which relief can be granted. Appel-lees rely upon assertions of fact in the affidavit. Rule 56(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, makes clear the purpose for which affidavits in support of a motion for summary judgment may be used and, likewise, the extent of their effect. The judgment sought is to be rendered if the pleadings and the affidavits taken together show that (except as to the amount of damages) there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. An affidavit filed in support of a motion to dismiss has-no greater purpose or effect. Such, an affidavit cannot be treated, for purposes of the motion, as proof contradictory to well pleaded facts, in the complaint. There is a great difference between discovering whether there be an issue of fact and deciding such an issue. The affidavit can be used for the former purpose but not for the latter. Thus, if a fact be averred in the-complaint and contradicted in the-affidavit, the latter version cannot be-accepted by the court for the purposes of a motion to dismiss.””
1 later decision quote this exact passage · from the majoritye.g. Canuel v. Oskoian
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.