Costen v. Pauline's Sportswear, Inc.’s Empirical Analysis
391 F.2d 81 · 1968
Citation profile
32 federal appellate · 3 state decisions
How this case has been cited
Cited by 44 later decisions — most recently November 2003 · most notably Mack v. South Bay Beer Distributors, Inc. (1986), Dayco Corp. v. Goodyear Tire & Rubber Co. (1975)
32 federal appellate · 3 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 Simpson v. United Oil Company of California · Marshall v. Sawyer · S & S Logging Co. v. Barker · Crest Auto Supplies, Inc. v. Ero Manufacturing Co. · Department & Specialty Store Employees' Union, Local 1265 v. Brown
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i)f . . . matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56”
4 later decisions quote this exact passage · from the majoritye.g. Parsons v. Sanchez · No 169“did in fact consider matters outside the complaint.”
2 later decisions quote this exact passage · from the majority“indicate in any . . . affirmative manner that the material (outside the complaint) was being excluded.”
1 later decision quote this exact passage · from the majoritye.g. Lodge 1380 v. Dennis
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.