Wihtol v. Crow’s Empirical Analysis
309 F.2d 777 · 1962
Citation profile
17 federal appellate · 4 district ·
How this case has been cited
Cited by 39 later decisions — most recently October 2014 · most notably Williams & Wilkins Co. v. United States (1973), Board of Trustees of Arkansas a & M College, a Body Corporate, and Dr. Homer Babin, President of Arkansas a & M College v. H. Brent Davis (1968)
17 federal appellate · 4 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 Osborn v. President Directors and Company of the Bank of the United States · In Re State of New York et al Petition of Walsh et al · Murray v. Wilson Distilling Co. · In re Ayers · Smith v. Truman Reeves
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test of infringement is whether the work is recognizable by an ordinary observer as having been taken from the copyrighted source. Slight differences and variations will not serve as a defense.”
2 later decisions quote this exact passage · from the majority“The Clarinda School District is an instrumentality of the State of Iowa, constituting a part of its educational system and engaged in performing a state governmental function under state law and at state expense. The plaintiffs are seeking to obtain a judgment against the School District for damages payable out of public funds. That, we think, they cannot do. The trial court was, we think, without jurisdiction to entertain this action as against the School District. 309 F.2d at 782 (Footnotes omitted).”
1 later decision quote this exact passage · from the majority“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
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.