In the Matter of Constructors of Florida, Inc., Debtor in Reorganization (Two Cases). American Surety Company of New York v. The Coral Gables First National Bank and John Nicholas, Trustee, the Coral Gables First National Bank v. American Surety Company of New York and John Nicholas, Trustee’s Empirical Analysis
349 F.2d 595 · 1965
Citation profile
5 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 32 later decisions — most recently November 2021 · most notably Eubanks v. Federal Deposit Insurance Corporation (1992), Howe v. Vaughan (1990)
5 federal appellate · 2 district · 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 Stoll v. Gottlieb · Baldwin v. Ionwa State Traveling Men's Ass'n · Killian v. United States · Turpentine & Rosin Factors, Inc. v. United States · Henderson v. United States Radiator Corp.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The final judgment or decree of a court of competent jurisdiction upon the merits concludes the parties and their privies to the litigation, and constitutes a bar to a new action or suit upon the same cause of action either before the same or any other tribunal. 5 ts) Any right, fact or matter in issue and directly adjudicated, or necessarily involved in the determination of an action before a competent court in which a judgment or decree has been rendered upon the merits, is conclusively settled by the judgment therein and cannot again be litigated between the same parties and their privies, whether the claim, demand, purpose or subject-matter of the two suits is the same or not. The principle of the first rule is referred to as ‘bar by former judgment,’ and the second as ‘conclusiveness of judgment.’”
7 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.