Safir v. Gibson’s Empirical Analysis
417 F.2d 972 · 1969
Citation profile
2 district · 1 state decisions
Relationships
Relies on Phelps Dodge Corporation v. National Labor Relations Board · McCulloch v. Sociedad Nacional De Marineros De Honduras · Hardin v. Kentucky Utilities Co. · American Mail Line, Ltd. v. Gulick · Moore-Mccormack Lines, Inc. v. The United States. American President Lines, Ltd. v. The United States. Delta Steamship Lines, Inc. v. The United States. American Export Isbrandtsen Lines, Inc. v. The 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We think [the statute’s] concern also extends to the interest of a former victim in the recovery of subsidies improperly paid in the past to lines which are still his competitors, although here the duty of the Administrator may be less absolute than is the obligation to cease payments to current violators. In the nature 'of things, few complaints of violations will be received and acted on until after some further payments have already been made. Recovery of such payments poses an added cost on the violators and thus will partially make up to the victim for the burden which the earlier payments indirectly imposed on him. Although the statute does not expressly authorize the Maritime Administrator to recover subsidies improperly paid in the past, common law principles would permit this under the subsidy contract in the absence of a statutory prohibition, and we find no such prohibition here.”
1 later decision quote this exact passage · from the majority“Without deciding whether a potential competitor or a former victim who has washed his hands of the business would have an interest protected by § 810, we hold that an interruption of operations like that here does not sufficiently alter the victim’s interest to take it out of the protection of § 810 with regard to raising the issue of the Administrator’s refusal to seek recovery of past payments.”
1 later decision quote this exact passage · from the majority“It is my purpose in presenting this amendment to make it clear to the [Maritime] Commission that it is the intention of Congress not to pay subsidies of any kind to any American line which is willing to enter into any combination with other lines, including those operating under foreign flags, to crush American competition. [35]”
1 later decision quote this exact passage · from the majoritye.g. Safir v. Klutznick
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.