Klein v. United States’s Empirical Analysis
285 F.2d 778 · 1961
Citation profile
2 federal appellate · 2 district ·
How this case has been cited
Cited by 49 later decisions — most recently May 1996 · most notably John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United States (1963), Schlesinger v. United States (1968)
2 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
Applies 28 U.S.C. § 2514 · 41 U.S.C. § 119 · 41 U.S.C. § 321
Relies on College Point Boat Corporation v. United States · Russell Motor Car Co. v. United States · Volentine and Littleton v. United States · Commonwealth Engineering Co. of Ohio v. United States
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(g) In the event that a Notice of Termination under this Section has been delivered to the Contractor and it thereafter is determined that the default or failure is due to causes beyond the control and without the fault or negligence of the Contractor, performance of work under this contract shall be deemed to have been terminated, effective date of the Notice of Termination, pursuant to the Section entitled `Termination at the Option of the Government,' and the rights and obligations of the parties shall in such event be governed by said Section.”
2 later decisions quote this exact passage““(a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances : “(i) if the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or “(ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.””
1 later decision quote this exact passage“When one makes a contract with the Government, he of course takes the risk that the provisions of the contract, worked out by the Government in its long experience in the writing and administration of contracts, may work to his disadvantage. But he does not, merely by signing a contract with the Government, award it a license to twist and warp one of the . . . provisions which it has written into the contract, and make it apply to a situation not covered by the provisions, as written.”
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.