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← 511 FSUPP2D 1065 - Continental Coal, Inc. v. Cunningham

Continental Coal, Inc. v. Cunningham’s Empirical Analysis

2007

Citation profile

4
cited by 4 later decisions
May 2013
most recently cited

4 district ·

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985

Relies on Conley v. Gibson · Board of Regents of State Colleges v. Roth · Mathews v. Eldridge · Scheuer v. Rhodes · Mullane v. Central Hanover Bank & 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “15. As a result of the defendant’s contemptuous failure to comply with the prior Orders of this Court, this Court specifically finds that the hours of operation of Continental Coal shall be the same as construed by Linn County Counsel Gary E. Thompson’s correspondence dated April 5, 2005, namely, that “any operation occurring outside daylight hours Monday through Friday shall be a violation of the CUP terms” and “daylight hours would be defined literally, that is by sunset and sunrise times.” 16. In order to address the parties’ concerns of [Continental’s] ability to work on weekends in emergency situations, the Court specifically finds that in the event of a true emergency when it becomes necessary to do so, the operators may also work on Saturday mornings from daylight until noon, but in no event shall operations continue beyond that point in time on Saturdays and they may also work on Sundays from noon until sunset. * * * ... the hours of operation of Conditional Use Permit No. 0903291 shall be and hereby are clarified as specifically set forth herein.”
    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.