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← 57 CUSTCT 736 - United States v. Eggen

United States v. Eggen’s Empirical Analysis

1966

Citation profile

4
cited by 4 later decisions
January 1974
most recently cited

Relationships

Relies on United States v. Berben Corp. · United States v. Kraft Phenix Cheese Corp. · Frank P. Dow Co. v. United States · D. C. Andrews & Co. v. United States · Eggen 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “* * * Cases on the subject of “diligent effort” demonstrate that the court is closely interested in the detailed efforts comprising any alleged diligence. The court in each case must decide whether such effort was adequate or merely perfunctory. It is clear also from United States v. Berben Corporation, 49 Cust. Ct. 497 , A.R.D. 147, that the court appreciates the difficulty under some circumstances of obtaining such proof from competitors. Accordingly, futility of effort will not defeat a litigant if sufficient evidentiary proof of diligence satisfies the court.”
    1 later decision quote this exact passage · from the majority
  2. “* * * if goods are made of approximately the same materials, are commercially interchangeable, are adapted to substantially the same uses, and are so used ordinarily, they are similar * * *.”
    1 later decision quote this exact passage

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.