Kirschbaum v. Walling US Arsenal Bldg Corporation’s Empirical Analysis
316 U.S. 517 · 1942
Citation profile
650 federal appellate · 170 district · 174 state decisions
How this case has been cited
Cited by 1,596 later decisions (123 by the Supreme Court) — most recently April 2025 · most notably Skidmore v. Swift & Co. (1944), Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. (1981)
650 federal appellate · 170 district · 174 state decisions — followed in 33 states
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.
Appellate journey
reviewedFleming v. A. B. Kirschbaum Co. (from Third Circuit Court of Appeals)
Relationships
Relies on Gully v. First Nat. Bank in Meridian · National Labor Relations Board v. Jones & Laughlin Steel Corp. · Virginian Ry Co v. System Federation No 40 · United States v. Darby · Simpson v. Shepard
Cited together with Walling v. Jacksonville Paper Co. · McLeod v. Threlkeld · Overstreet v. North Shore Corp. · Mitchell v. C. W. Vollmer & Co. · 10 East 40th Street Building, Inc. v. Callus
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 1,596 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... an enterprise which has employees engaged in commerce or in the production of goods for commerce, including employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person, ....”
44 later decisions quote this exact passage · from the majority“in any process or occupation necessary to the production thereof”
11 later decisions quote this exact passage · from the majority“engaged in the production of goods for commerce”
11 later decisions 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.