J. John Brouk, James J. Mullen, Jr., W. Munro Roberts, Jr. v. Managed Funds, Incorporated’s Empirical Analysis
286 F.2d 901 · 1961
Citation profile
32 federal appellate · 3 district ·
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently July 1998 · most notably Burks v. Lasker (1979), Esplin v. Hirschi (1968)
32 federal appellate · 3 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 Bell v. Hood · Gully v. First Nat. Bank in Meridian · Hurn v. Oursler · Birnbaum v. Newport Steel Corp. · Perry O. Hooper, as Trustee in Bankruptcy of Consolidated American Industries, Inc. v. Mountain States Securities Corporation
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Control” means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. Any person who owns beneficially, either directly or through one or more controlled companies, more than 25 per centum of the voting securities of a company shall be presumed to control such company. Any person who does not so own more than 25 per centum of the voting securities of any company shall be presumed not to control such company. A natural person shall be presumed not to be a controlled person within the meaning of this subchapter. Any such presumption may be rebutted by evidence, but except as hereinafter provided, shall continue until a determination to the contrary made by the Commission by order either on its own motion or on application by an interested person....”
1 later decision quote this exact passage · from the majority“. “The complaints here substantially seek to hold these former directors to strict liability as insurers. The Act they rely on not only contains no such provision but plainly negates any intent to create such an innovation.” (Emphasis supplied.)”
1 later decision quote this exact passage · from the majoritye.g. Brown v. Bullock“any suit or action to enjoin any violation . . . may be brought in . . . .”
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.