William H. Grogan, James B. Shepeard, Raymond Carner and Ottis Lutz v. United States of America and Tecon Corporation’s Empirical Analysis

Citation profile

33 federal appellate · 2 district · 2 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We cannot accept either the extreme position of the company that the old 100-mile rule has no vitality for any purpose or Farmer’s argument that a federal district court can never under any circumstances tax as costs expenses for transporting witnesses more than 100 miles. In this case, however, where taxation of such expenses is being denied, we need not set out the specific circumstances under which such costs can be taxed nor mark precisely the limits of a district court’s power to tax them. * * * We therefore hold that Judge Weinfeld was correct in treating this case as an appeal to his discretion.” At p. 232, 85 S.Ct. at p. 415 . “That rule [the 100-mile rule], we think, is a proper and necessary consideration in exercising discretion in this field. The century-and-a-half-old special statutory provision relating to service of subpoenas more than 100 miles from the courthouse is designed not only to protect witnesses from the harassment of long, tiresome trips but also, in line with our national policy, to minimize costs of litigation, which policy is strongly emphasized in the Federal Rules of Civil Procedure.” At p. 234, 85 S.Ct. at p. 416 .”

   1 later decision quote this exact passage · from the majority
   e.g. Kaiser Industries Corp. v. McLouth Steel Corp.

2. ““Quite apparently, the discretion to allow the costs of bringing witnesses from a point more than 100 miles away from the place of hearing and outside the district is not as broad as the discretion conferred on district judges in many other areas. In the present case, we believe it is properly within our review power to rule that the United States should be allowed to recover mileage fees only for travel within the 100-mile limit. The prospect of suing the United States is intimidating enough to injured workmen, and the burden of preparing a defense is less overwhelming to it than to most, if not all, individual defendants. A commendable care to protect the federal treasury should not blind us to the fact that as judges of the federal government, we have a particular duty to ensure that highest fairness is observed in its dealings with private litigants.” At pp. 43-44.”

   1 later decision quote this exact passage · from the majority
   e.g. Kaiser Industries Corp. v. McLouth Steel Corp.