Bennie v. Pastor’s Empirical Analysis
393 F.2d 1 · 1968
Citation profile
5 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 15 later decisions — most recently June 2007
5 federal appellate · 4 district · 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 Erie Co v. Tompkins · Hanna v. Plumer · Guaranty Trust Co. v. York · Provident Tradesmens Bank & Trust Co. v. Patterson · Guaranty Trust Co. v. York
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`Indispensable parties' are persons who not only have an interest in the controversy but an interest of such a nature that a final decree cannot be made without either affecting that interest or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. Bennie v. Pastor, C.A.N.M. 1968, 393 F.2d 1 . ". . . . "`Necessary parties' are those affected by the judgment and against which in fact it will operate. West Coast Exploration Co. v. McKay, 1954, 93 U.S.App.D.C. 307 , 213 F.2d 582 , certiorari denied, 347 U.S. 989 , 74 S.Ct. 850 , 98 L.Ed. 1123 ."”
3 later decisions quote this exact passage · from the majority“The “outcome-determinative” test is a factor which must be considered, and in the circumstances of this case yields strong support to the rejection of the indispensability argument. In addition, pragmatic considerations convince us that the action should pro ceed without regard to possible prejudice to the insured defendant * *. We agree with the district court that neither equity nor good conscience requires the dismissal of the suit. p. 5 The case at hand is illustrative of”
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.