Dowell v. Gardner’s Empirical Analysis
386 F.2d 809 · 1967
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 29 later decisions — most recently July 1994 · most notably Edwards v. Califano (1980), Gray v. Richardson (1973)
16 federal appellate ·
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 J. Gordon Turnbull, Inc. v. Commissioner · Cain v. Secretary of Health, Education & Welfare · Gardner v. Wilcox · Old Kent Bank & Trust Co. 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit or a lump-sum death payment under section 202 of the act, and such individual has been unexplainedly absent from his residence and unheard of for a period of seven years, the Administration, upon satisfactory establishment of such facts and in the absence of any evidence to the contrary, will presume that such individual has died.””
3 later decisions quote this exact passage · from the majority“The Secretary ruled that Dowell’s absence is not unexplained; that he had a number of reasons for absenting himself for the extensive period involved; that should his whereabouts become known, he would be faced with the problem of support of his children as well as other problems apparent from the facts of this case; and that since his absence is not unexplained, his death cannot be presumed for the purpose of paying survivors’ benefits to his children. (Emphasis added) ****** Congress has not provided for benefits to children of an insured parent who has deserted them but only for children of an insured parent who is dead. Dowell v. Gardner, supra at 810 .”
1 later decision quote this exact passage · from the majoritye.g. Trimpin v. Finch“Congress has not provided for benefits to children of an insured parent who has deserted them but only for children of an insured parent who is dead.”
1 later decision quote this exact passage · from the majoritye.g. Blew v. Richardson
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.