Benson v. Zahner’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““He [plaintiff] pursued his administrative remedies and exhausted them on August 4, 1954. Approximately one year-later on August 8, 1955, appellee filed suit in the District Court seeking reinstatement. This action was dismissed without prejudice on May 16, 1958, because appellee failed to substitute newly appointed members of the Civil Service Commission as parties defendant within the six-month period * * *. Appellee filed the instant action on May 29, 1958, stating the same claim as in the earlier-suit. * * * ” “The judgment of the District Court [for the plaintiff] must be reversed because appellee is guilty of laches. One year elapsed between the final administrative action and the institution of the first suit. An additional period of almost three years passed before that suit was dismissed. Then almost another year elapsed between the institution and trial of the present suit. Absent any evidence to the contrary, appellee’s failure to obtain a substitution of parties in the first suit must be attributed to his lack of diligence.” [Footnote omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. Tennessee Valley Authority