Dieckmann v. United States’s Empirical Analysis
550 F.2d 622 · 1977
Citation profile
18 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 31 later decisions — most recently September 2013 · most notably Ohio National Life Insurance v. United States (1990), Winebrenner v. United States (1991)
18 federal appellate · 1 district · 1 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 26 U.S.C. § 7426 · 28 U.S.C. § 1331 · 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on United States v. Sherwood · American Pipe & Construction Co. v. Utah · Soriano v. United States · United States v. Michel · Dry Creek Lodge, Inc. 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law has always imposed a duty on the owners of property to exercise some reasonable duty to care for it. In ordinary commercial transactions and in speculative ventures, this duty or burden exists. We must assume that Congress in fixing the nine-months period in section 6532 within which an action may be brought assumed that owners of property would exercise reasonable diligence in looking after it. Thus the period within which the action may be brought under section 6532 was designed to provide an opportunity to a person of reasonable diligence (in keeping track of his own property) to discover if someone with whom it had been entrusted no longer had it in his possession. Thus the period was fixed and it will be applied. We must also assume that this was the time fixed to permit the agency to function with some reasonable dispatch. Some balance had to be reached between the rights and duties of the individual, and of the needs of the governmental machinery.”
1 later decision quote this exact passage · from the majority“[W]hen the United States is sued under the statute here considered, the time expressed becomes a jurisdictional issue. The consent of the United States to be sued is usually held to be conditioned upon bringing the action within the time provided. The consent is the only source of subject matter jurisdiction. Thus it is proper for the defendants to raise the nine-month limitation under section 6532 in a motion to dismiss for lack of subject matter jurisdiction.”
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.