DeRieux v. Five Smiths, Inc.’s Empirical Analysis
499 F.2d 1321 · 1974
Citation profile
23 federal appellate · 7 district ·
How this case has been cited
Cited by 54 later decisions — most recently March 2019 · most notably United States Steel Corp. v. United States Environmental Protection Agency (1979), Armstrong v. Bush (1991)
23 federal appellate · 7 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
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1337 · 44 U.S.C. § 1501 · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 552 (Freedom of Information Act) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Bradley v. School Board of City of Richmond · Yakus v. United States · Bowles v. Seminole Rock & Sand Co. · J. I. Case Co. v. Borak · Ala Schechter Poultry Corporation 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The issue thus becomes whether we must set aside the Order for failure to conform with the procedural requirements of 5 U.S.C. § 553 . , In Meat Cutters, supra, these requirements were recognized but were deemed to be of little practical consequence in view of the exception provided by § 553(b)(B), supra. 337 F.Supp. at 761 . The problem here cannot be so easily dismissed since the government has stipulated that the finding required to invoke the exception was not made. At the outset, we are satisfied that there was in fact “good cause” to find that advance notice of the freeze was “impracticable, unnecessary, or contrary to the public interest” within the meaning of § 553(b) (B). This conclusion is based upon facts so obvious that they may be judicially noticed. Had advance notice issued, it is apparent that there would have ensued a massive rush to raise prices and conduct “actual transactions” — or avoid them — before the freeze deadline. Each price increase would have generated further increases in a growing spiral of inflation. * * * The Falcons argue that because (1) the Government has stipulated that no finding was made, and (2) no finding and statement of reasons was incorporated in the Executive Order, the Order should now be set aside. We cannot agree that Congress intended to visit such consequence upon a technical violation of § 553(b) where the' reasons for exempting the President’s action from the notice requirement are so obvious and compelling. Cf. Appalachian”
1 later decision quote this exact passage“No person shall charge, assess, or receive, directly or indirectly in any transaction prices or rents in any form higher than those permitted hereunder, and no person shall, directly or indirectly, pay or agree to pay in any transaction wages or salaries in any form, or to use any means to obtain payment of wages and salaries in any form, higher than those permitted hereunder, whether by retroactive increase or otherwise.”
1 later decision quote this exact passage“The APA defines an “agency” as: each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include — (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; ....”
1 later decision quote this exact passagee.g. Armstrong v. Bush
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.