Bryan v. Bartlett’s Empirical Analysis
435 F.2d 28 · 1970
Citation profile
3 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2014
3 federal appellate · 2 district · 4 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 D'Oench, Duhme & Co. v. Federal Deposit Insurance · White v. Ewing · Mount Vernon Trust Co. v. Bergoff · Motor & Industrial Finance Corporation v. Hughes · Federal Savings & Loan Ins. v. Kearney Trust Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the outset we are confronted with the question of what law governs the issues in this case. The defendants strenuously insist that the law of Arkansas is applicable, without citing any authority. We find this proposition doubtful. Federal jurisdiction in this case is based, not on diversity of citizenship, but on a federal equity receivership arising from violation of the federal securities regulation statutes. The receiver was appointed in this case to prevent further violations of the federal securities laws and to preserve the assets for the benefit of the investor-creditors of the companies, who are primarily individual citizens of many different states and whose financial interests were endangered by the securities law violations of the defendants. As Professor Loss points out, “surely this [an SEC receivership proceeding] is an instance of the post-Erie survival of a ‘federal common law (in this case, equity).” 3 L. Loss, Securities Regulation 1513 n. 113 (1961). We find no cases directly in point on this issue, but an analogy may be drawn from the case of D’Oench, Duhme & Co. v. F.D.I.C., 315 U.S. 447 , 62 S.Ct. 676 , 86 L.Ed. 956 (1942). In that case, the F.D.I.C. brought suit on a note which it had acquired an asset from collateral for a loan made to a state bank. The defense of want of consideration was asserted, but the parties could not agree on which state law was to be applied to the transaction, it being alleged that under Missouri law the defense was proper”
2 later decisions 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.