In Re D & B Electric, Inc.’s Empirical Analysis
1980
Citation profile
3 federal appellate · 1 district ·
How this case has been cited
Cited by 22 later decisions — most recently April 2001
3 federal appellate · 1 district ·
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 Michel v. United States · Selby v. Ford Motor Co. · Johnson v. Root Manufacturing Co. · Keenan Pipe & Supply Company, a Corporation v. B. E. Shields, as Trustee in Bankruptcy of James T. Inman · Carrier Corp. v. J. E. Schecter 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, such construction should be implied from the forceful wording of the act (coupled with criminal penalties for non-compliance), as well as the strong public policy preference of trust fund theory enunciated in Selby.”
2 later decisions quote this exact passage“376.070. Contractor or architect to apply payments to claims — Exception where lien waived. — (1) Any contractor, architect or other person who builds, repairs or improves the property of another under such circumstances that a mechanics' or materialman’s lien may be imposed on the property shall, from the proceeds of any payment received from the owner, pay in full all persons who have furnished material or performed labor on the property. (2) If any payment by the owner to the contractor, architect or other person is not sufficient to pay in full all bills for material and labor, then such claims shall be paid on a pro rata basis to the amount of payments received, unless otherwise agreed between the contractor, architect or other person and the holder of the claim for material or labor. (3) This section shall not apply where persons furnishing material or performing labor have waived in writing their right to file mechanics’ or materialmen’s liens.”
1 later decision quote this exact passage“Despite its inability to claim title as an equitable lienholder superior to that of the trustee, Rueff’s position as an unpaid materialman causes the creation of a trust for its benefit of funds in the hands of the general contractors, thereby bypassing D & B’s [the bankrupt’s] estate entirely. In effect, the funds are not, nor will they ever become, D & B’s property, and the trustee can therefore lay no claim on them.”
1 later decision quote this exact passage
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.