In re Paramount Merrick, Inc.’s Empirical Analysis
252 F.2d 482 · 1958
Citation profile
20 federal appellate · 2 district ·
How this case has been cited
Cited by 45 later decisions — most recently August 1987 · most notably In Re Jensen-Farley Pictures, Inc. (1985), Matter of Hamilton Hardware Co., Inc. (1981)
20 federal appellate · 2 district ·
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
Relies on Randolph v. Scruggs · Hazeltine Corp. v. Crosley Corp. · Levin v. Barker · In re Ernst
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The principal factors which entered into a determination of what is reasonable are the time spent, the intricacy of the questions involved, the size of the estate, the opposition encountered, the results obtained . . . "”
7 later decisions quote this exact passage · from the majority““The auctioneer’s commission covers sales during the assignment and after the filing of the bankruptcy petition, Bankruptcy Rule 13 of the Eastern District clearly being applicable to sales during the latter period, (citation omitted) Compensation for the services during the earlier period, however, rests on other principles and is not subject to the Rule. Rather, it flows from the equitable principle that services beneficial to the fund brought into the bankruptcy court should be compensated out of the fund so benefited. Randolph v. Scruggs, 1903, 190 U.S. 533 , 23 S.Ct. 710 , 47 L.Ed. 1165 ; In re Cohen, 2 Cir., 1933, 64 F.2d 103 . The auctioneer argues that the 10% commission is normally allowed in the New York state courts on auction sales during assignment and that since this charge was fair and reasonable it ought to stand, (citation omitted). But it is clear that the determination of the assignee’s allowable expenses within four months of bankruptcy is a matter for the bankruptcy court and state practice is not controlling. In re Cohen, supra; 11 U.S.C.A. § 11 sub. a(21).” In re Paramount Merrick, Inc., supra, at 484. (emphasis added)”
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.