Chappell v. Rouch’s Empirical Analysis
448 F.2d 446 · 1971
Citation profile
11 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 26 later decisions (1 by the Supreme Court) — most recently April 1991 · most notably Walker v. Armco Steel Corp. (1980), Ingram v. Kumar (1978)
11 federal appellate · 5 district · 2 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
Applies 28 U.S.C. § 1292
Relies on Erie Co v. Tompkins · Hanna v. Plumer · Guaranty Trust Co. v. York · Guaranty Trust Co. v. York · Ragan v. Merchants Transfer & WareHouse 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“15-6-3-COMMENCEMENT OF ACTION "A civil action is commenced as provided in Secs. 15-2-30 and 15-2-31. "15-2-30. Commencement of action by service of summons-Summons on codefendant.-An action is commenced as to each defendant when the summons is served on him, or on a codefendant who is a joint contractor or otherwise united in interest with him. "15-2-31. Attempted commencement of action by delivery of summons to sheriff-Publication or service following attempt.-An attempt to commence an action is deemed equivalent to the commencement thereof when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants or one of them, usually or last resided; or if a corporation be defendant, to the sheriff or other officer of the county in which such corporation was established by law, or where its general business was transacted, or where it kept an office for the transaction of business. Such an attempt must be followed by the first publication of the summons, or the service thereof, within sixty days.”
1 later decision quote this exact passage · from the majority““The narrow issue now to be resolved is whether we are prepared to hold that K.S.A. 60-203 [defining commencement of suit] is an ‘integral part’ of K.S.A. 60-501 and 60 — 513(4) [statutes of limitation]. If we do so hold, then Ragan would control, assuming Ragan has not been modified, if indeed not overruled, by Hanna . As indicated, we need not here make that determination as in our view K.S.A. 60 — 203 is not under the circumstances an integral part of K.S.A. 60-501 and K.S.A. 60-513(4). . . . Rather, K.S.A. 60-203 is just what the Kansas legislature declared it to be, a statute setting forth a rule of civil procedure. So, it boils down to a determination as to whether a Kansas statute promulgating a rule of civil procedure as to when an action is commenced takes precedence in the federal courts over Fed.R.Civ.P. 3, with which it is in direct conflict. All of which brings into play the rule of Hanna.” Chappell, at 449.”
1 later decision quote this exact passage · from the majority“* * * that a statute defining how and when an action is deemed commenced was under the circumstances so inextricably intertwined with the two year statute of limitations that it became an integral part thereof to the end that it took precedence over the federal rule regarding commencement of actions. (Emphasis added). 448 F.2d at 448 .”
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.