Burke v. Ford’s Empirical Analysis
1967
Citation profile
159 federal appellate · 19 district · 12 state decisions
How this case has been cited
Cited by 339 later decisions (16 by the Supreme Court) — most recently January 2020 · most notably Jefferson Parish Hospital District No. 2 v. Hyde (1984), Hospital Building Co. v. Trustees of Rex Hospital (1976)
159 federal appellate · 19 district · 12 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
reviewedBurke v. Ford (from Tenth Circuit Court of Appeals)
Relationships
Relies on Addyston Pipe Steel Company v. United States · Mandeville Island Farms, Inc. v. American Crystal Sugar Co. · People of State of Illinois McCollum v. Board of Education of School Dist No 71 Champaign County Ill · United States v. Employing Plasterers Assn. of Chicago · United States v. Sealy, Inc.
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 339 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The wholesalers’ territorial division here almost surely resulted in fewer sales to retailers — hence fewer purchases from out-of-state distillers — than would have occurred had free competition prevailed among the wholesalers. In addition the wholesalers’ division of brands meant fewer wholesale outlets available to any one out-of-state distiller. Thus the statewide wholesalers’ market division inevitably affected interstate commerce.””
7 later decisions quote this exact passage · from the majority“(A)n activity which does not itself occur in interstate commerce comes within the scope of the Sherman Act if it substantially affects interstate commerce.”
3 later decisions quote this exact passage · from the majority“in the wholesalers' warehouses and that interstate commerce ceased at that point. Hence, they concluded that the wholesalers' division of the Oklahoma market did not take place”
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.