Harwell v. Growth Programs, Inc.’s Empirical Analysis
451 F.2d 240 · 1971
Citation profile
9 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 19 later decisions — most recently September 2008
9 federal appellate · 2 district · 3 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 15 U.S.C. § 78O (§ 15a of the Securities Exchange Act of 1934)
Relies on United States v. Socony-Vacuum Oil Co. · International Ass'n of MacHinists v. Street · Silver v. New York Stock Exchange · 118 F. Supp. 621 - United States v. Morgan · Thill Securities Corp. v. New York Stock Exchange
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.
““It is generally conceded that [defendant] breached its contracts with the plaintiffs. After an examination of all of the facts, the court can determine whether [defendant] might be liable for damages, even if the court should determine that the contracts cannot be specifically enforced. The parties to a contract rendered impossible to perform by government regulation are not always excluded from the exposure to liability. The NASD interpretation does not make the contract illegal but only makes it improper for the NASD members to be involved with it. There is a distinction between a literal impossibility of performance and mere economic inadvisability. [Citation.] The representations [defendant] made on the sale of the contracts to plaintiffs, the extent to which [defendant] was involved in the administrative process, the extent to which it could have preserved the possibility of performance, the extent to which it encouraged the plaintiffs’ so-called ‘abuse’ of the ‘in-and-out’ privilege are all facts which must first be determined before a decision can be made as to whether any remedy is available to plaintiffs for the admitted breach of their contracts. [Citation.]” Harwell v. Growth Programs, Inc. (5th Cir. 1971), 451 F.2d 240, 245 .”
1 later decision quote this exact passage · from the majority“impose any schedule or fix minimum rates of commissions, allowances, discounts, or other charges.”
1 later decision quote this exact passage · from the concurrence
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.