Lightbody v. Russell’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 45 state decisions

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

1. ““The statute gives plaintiff a cause of action in the circumstances set forth in the complaint only where the commodity is sold at a price in excess of the prescribed ceiling or maximum price and purchased by them ‘for use or consumption other than in the course of trade or business’. They cannot bring the suit or successfully maintain a cause of action unless they allege and prove that they purchased the tractor for use or consumption other than in the course of their trade or business, That allegation and proof of the fact is a statutory condition to the cause of action. The statute contains the ex ception as the foundation of a cause of action and plaintiffs fail to state a case since they do not negative the exception.””

   3 later decisions quote this exact passage
   e.g. Young v. Wierenga · 13 Conn. Super. Ct. 459 - Dolan v. Smith

2. ““If any person selling a commodity violates a regulation, order, or price schedule prescribing a maximum price or maximum prices, the person who buys such commodity for use or consumption other than in the course of trade or business may bring an action either for $50 or for treble the amount by which the consideration exceeded the applicable maximum price, whichever is the greater, plus reasonable attorney’s fees and costs as determined by the court. ... If any person selling a commodity violates a regulation, order, or price schedule prescribing a maximum price or maximum prices, and the buyer is not entitled to bring suit or action under this subsection, the Administrator may bring such action under this subsection on behalf of the United States. . . .””

   2 later decisions quote this exact passage
   e.g. 13 Conn. Super. Ct. 459 - Dolan v. Smith · Welch v. Huddleston

3. ““War — price control — (1) great weight must be given to Price Administrator’s construction of Emergency Price Control Act as excepting industrial and commercial consumers from class who have cause of action against one selling for excessive price — (2) Congressional Committee reports corroborative and relevant — :(3) plaintiffs’ allegation that they are ultimate consumers does not negative their being industrial or commercial consumers — (4) words ‘other than in the course of trade or business’ in statute constitute exception which must be negatived in pleading — (5) words ‘in the course of trade or business’ may not be transposed so as to refer to ‘buying’ rather than to ‘use.’ “1. Subdivision (e) of section 205 of the Emergency Price Control Act of 1942 (U. S. Code, tit. 50, Appendix, § 925, subd. [e] provides that if a seller violates a regulation prescribing maximum prices ‘the person who buys such commodity for use or consumption other than in the course of trade or business’ has a cause of action. The Price Administrator, charged with the duty of administration of the Act, has officially interpreted the phrase ‘in the course of trade or business’ as applying to purchases by industrial and commercial consumers as-well as to purchases for a resale. His interpretation is entitled to great weight. “2. The House and Senate Committee Reports indicate that said construction conforms to the intent of Congress. Such reports are relevant and open for use in the aid of constructi”

   1 later decision quote this exact passage
   e.g. Allen v. Walton