Perry v. Allen’s Empirical Analysis
239 F.2d 107 · 1956
Citation profile
30 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 40 later decisions (1 by the Supreme Court) — most recently November 2008 · most notably Flora v. United States (1960), 5 Fair empl.prac.cas. 587, 5 Empl. Prac. Dec. P 8460 United States of America v. Georgia Power Company, Charles King v. Georgia Power Company (1973)
30 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. § 1340 · 28 U.S.C. § 2072
Relies on Guaranty Trust Co. v. York · Holmberg v. Armbrecht · Guaranty Trust Co. v. York · Sibbach v. Wilson & Co. · Stone v. White
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Rule 25(a) (1) is not a Statute of Limitations and is invalid insofar as it attempts to abridge appellant’s substantive right to bring his civil action to trial on its merits, by placing a categorical and inflexible time limit upon his right to substitute the collector’s administrator. Such an attempt is outside the mandate and inside the caveat of the Act of Congress.””
3 later decisions quote this exact passage · from the majority““If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served in any judicial district.””
1 later decision quote this exact passage · from the majoritye.g. Henebry v. Sims“It is plain that these Rules are designed to provide the machinery for the administration of justice, the modes of proceeding by which legal rights are enforced; and do not purport to deal with the law which gives or defines such rights, or their character, or the existence or boundaries of the remedies vouchsafed for the establishment of those rights. * * *”
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.