Russell v. Cunningham’s Empirical Analysis
233 F.2d 806 · 1956
Citation profile
17 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently February 1996 · most notably Miner v. Atlass (1960), Von Poppenheim v. Portland Boxing & Wrestling Commission (1971)
17 federal appellate · 2 district · 1 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.
Appellate journey
reviewedthe decision below (from California Central District Court)
Relationships
Applies 28 U.S.C. § 1920
Relies on Hicks v. Bekins Moving & Storage Co. · Carnegie Nat. Bank v. City of Wolf Point · Boling v. United States · United States v. Pacific Fruit & Produce Co.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, most of the facts indicating that the action should not be so dismissed were not presented to the District Court. Undoubtedly judges must be careful not to penalize litigants who cannot swiftly proceed because of the very injury and its impairment of their finances which constitutes the basis of their claim. Here another dimension is added to the problem since the District Court is in Guam and a poor litigant is in San Francisco.”
1 later decision quote this exact passage“Both parties in their briefs seek to bring before this Court facts outside the record made below, but such an attempt to enlarge the record must be rejected. This Court cannot conclude that the District Court abused its discretion when the explanation for long delay and inaction was not before it.”
1 later decision quote this exact passage“there is no evidence in the record to support the District Court's finding that appellant `has been in a financial position to have additional depositions taken' or that `plaintiff has no bona fide intention to do more than harass the defendant.'”
1 later decision quote this exact passage
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.