McClure v. E. A. Blackshere Co.’s Empirical Analysis

Citation profile

10 federal appellate · 2 district · 3 state decisions

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

1. ““ ‘It would take the most violent stretching of an elastic imagination to class the nonpayment of a bill as involving a regulation or practice in respect to the furnishing of stockyard services; .... McClure, supra at 681 .’ “The transaction before this Court does not relate to nonpayment of bills or an ordinary debtor-creditor relationship. The Secretary found that defendant, a registered market agency under the Act, had made false representations in the sale of Angus heifers. The Court can conceive of no action by a market agency more inextricably within the term of ‘furnishing stockyard services’ than representations made by a market agency in the course of an auction sale of livestock at a posted stockyard. Under Sec. 201(b) and (c) of the Act, defendant’s actions were clearly in the course of furnishing stockyard services by a registered market agency. “The Court in McClure also found that a single instance of nonpayment of a bill could not be denominated a practice within the meaning of the Act. The Court noted: “‘Practice ordinarily implies uniformity and continuity, and does not denote a few isolated acts, and uniformity and universality, general notoriety and acquiescence, must characterize the actions on which a practice is predicated. McClure, supra at 682 .’ “Implicit in this analysis was the restriction that there could be only a single actor to establish a practice. The Court finds no such limitation either in the language of the Act or the legislative history. ”

   1 later decision quote this exact passage · from the majority
   e.g. Mid-South Order Buyers, Inc. v. Platte Valley Livestock, Inc.

2. ““The duty imposed by section 208 is ‘to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the furnishing of stockyard services.’ It would take the most violent stretching of an elastic imagination to class the nonpayment of a bill as involving a regulation or practice in respect to the furnishing of stockyard services; a stockyard ‘consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.’ (section 202). It is clearly only such unjust, unreasonable, or discriminatory regulation or practice ‘in respect to the furnishing of stockyard services’ which is prohibited and declared to be unlawful.””

   1 later decision quote this exact passage · from the majority
   e.g. 272 F. Supp. 721 - Guenther v. Morehead

3. ““(a) Any person complaining of anything done or omitted to be done by any stockyard owner, market agency, or dealer (hereinafter in this section referred to as the “defendant”) in violation of the provisions of sections 205-207 or 208 of this title, or of an order of the Secretary made under sections 201-203 and 205-217a of this title, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the Secretary to the defendant, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be specified by the Secretary. * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. 234 F. Supp. 524 - Lewis v. Goldsborough