The First National Bank In Dodge City v. The Johnson County National Bank And Trust Company’s Empirical Analysis
331 F.2d 325 · 1964
Citation profile
29 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 43 later decisions — most recently March 2011 · most notably James Talcott, Inc. v. Allahabad Bank, Ltd., Bank of Baroda, Ltd., Bank of Tokyo, City Trade & Industries, Ltd., Defendant-Third-Party v. New Central Jute Mills Company, Ltd., Third-Party (1971), Gas-A-Car, Inc. v. American Petrofina, Inc. (1973)
29 federal appellate · 2 district · 7 state decisions
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 Sears, Roebuck & Co. v. MacKey · Parr v. United States · St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co. · Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp. · Toomey v. Toomey
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We think the rule, by its express terms, means that an ‘opposing party’ must be one who asserts a claim against the prospective counter-claimant in the first instance. The very concept of a counterclaim presupposes the existence or assertion of a claim against the party filing it. Kauffman v. Kerbert, 16 F.R.D. 225 (W.D.Pa.1955), appeal dismissed, 3 Cir., 219 F.2d 113 . There is no assertion of such a claim in this case.” (emphasis added).”
4 later decisions quote this exact passage · from the majority“"A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.””
4 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.