Thomas L. Jenkins v. Melvin Bierschenk and Viola E. Bierschenk’s Empirical Analysis
333 F.2d 421 · 1964
Citation profile
22 federal appellate · 4 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2014 · most notably General Dynamics Corp. v. Selb Manufacturing Co. (1973), United States v. Aerodex, Inc. (1972)
22 federal appellate · 4 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 Builders Steel Co. v. Commissioner · Schoenberg v. Commissioner · Northern Natural Gas Co. v. Roth Packing Co. · McMaster v. Hutchins · Barryhill v. United States
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We have serious doubt whether in a situation such as is presented here, where the witness was apparently equally available to both parties, any presumption should flow from the failure of either party to call such witness. Any rule creating a presumption from failure to produce a witness must be applied with caution.” There is nothing which indicates that [the witness] was not equally available as a witness to both the plaintiff and the defendants.”
2 later decisions quote this exact passage · from the majority“The supposition must rise above the level of mere possibility.”
2 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.