Zittman v. McGrath’s Empirical Analysis
341 U.S. 446 · 1951
Citation profile
69 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 124 later decisions (12 by the Supreme Court) — most recently September 1984 · most notably Shaughnessy v. United States Ex Rel. Mezei (1953), Dames & Moore v. Regan (1981)
69 federal appellate · 9 district · 2 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.
Appellate journey
reviewedthe decision below (from Second Circuit Court of Appeals)
Relationships
Relies on Propper v. Clark · Keeney v. . Home Insurance Company · Stokes v. . Hoffman House of New York · Commission for Polish Relief, Ltd. v. Banca Nationala a Rumaniei
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Custodian is charged, among other things, with preserving and distributing blocked assets for the benefit of American creditors. New claims are not subject to some question, and the Treasury does not pay questionable claims. For those claims to be settled so that they can properly be paid out of blocked assets they must be adjudicated valid by some court of law. Because the debtor rarely is amenable to personal service, any action must be in the nature of a quasi-in-rem action preceded by an attachment of property belonging to the debtor within the jurisdiction of the court. If, as the Custodian now contends, the freezing program puts all assets of an alien debtor beyond the reach of an attachment, it is not difficult to see that there can be no adjudications of the validity of American claims, and consequently the claims, not being settled, would not be satisfied by the Treasury. The logical end of that course would be complete frustration of a large part of the freezing program. We cannot believe that the President intended the program to reach such a self-generated stalemate.”
1 later decision quote this exact passage · from the majority““E. All transfers, withdrawals or exportations of, or dealings in, any evidences of indebtedness — or evidences of ownership of property by any person within the United States; and “F. Any transaction for the purpose or which has the effect of evading or avoiding the foregoing prohibitions.””
1 later decision quote this exact passage · from the concurrence“This result ... in no way impairs federal control over alien property, since petitioners admit that they cannot secure payment from the attached frozen funds without a license from the Custodian.”
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.