United States v. Wells’s Empirical Analysis
403 F.2d 596 · 1968
Citation profile
23 federal appellate · 5 district ·
How this case has been cited
Cited by 45 later decisions — most recently October 1990 · most notably United States v. Stadium Apartments, Inc. (1970), J. Ray McDermott & Co. v. Vessel Morning Star (1972)
23 federal appellate · 5 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 Clearfield Trust Co. v. United States · United States v. Shimer · United States v. Yazell · United States v. View Crest Garden Apts., Inc. · Lawrence 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We have no clear statutory authority for overriding the state law, nor do we have regulations promulgated pursuant to a federal statute as in United States v. Shimer, 1961, 367 U.S. 374 , 81 S.Ct. 1554 , 6 L.Ed.2d 908 , cf. United States v. Yazell, 1966, 382 U.S. 341, 352 , 86 S.Ct. 500 , 15 L.Ed.2d 404 . Nevertheless, we think this is a typical situation where under the Rules of Decision Act, 28 U.S.C.A. 1652, Congress had indicated that federal law should be applied to questions of federal rights and liabilities stemming from a federal program. Cf. Clearfield Trust Co. v. United States, 1943, 318 U.S. 363, 366 , 63 S.Ct. 573 , 87 L. Ed. 838 ;" and citing other cases thereunder.”
3 later decisions quote this exact passage · from the majority“"We hold that federal law does apply in such situations."”
2 later decisions quote this exact passage · from the majority“The defenses which may be asserted to a claim for deficiency judgment where the United States is the creditor have not been delineated by statute. They are the traditional defenses. One which has been fashioned in case law is that a sale under a foreclosure may be set aside for the inadequacy of the sales price if the inadequacy was so gross as to shock the conscience. . . . There may be defenses in law such as release or disputing service or the balance due, or in equity such as laches or estoppel.”
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.