United States v. Heller’s Empirical Analysis
635 F.2d 848 · 1980
Citation profile
6 federal appellate · 1 district · 1 state decisions
Relationships
Relies on Holland v. United States · United States v. Martin Linen Supply Co. · United Brotherhood of Carpenters and Joiners of America v. United States Bay Counties Dist Council of Carpenters · Federal Trade Commission v. Sun Oil Co. · Wadley Southern Railway Company v. State of Georgia
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Base price determination (1) Refiners, (i) A refiner in existence on May 15, 1973 which offers a new item shall determine the base price for' that item pursuant to the base price provisions of § 212.82(b). However, for purposes of determining the price at which the item was lawfully priced in transactions on May 15, 1973, the refiner shall use the average price received on May 15, 1973 for the same or most nearly similar item sold to the same market by other refiners selling the same or most nearly comparable item in the same marketing area. (ii) A refiner coming into existence after May 15, 1973 which offers a new item shall determine the base price for that item pursuant to the base price provisions of § 212.82(b). However, for- purposes of computing the base price, the increased product costs shall be calculated using the cost of the item first offered for sale rather than the May 1973 cost for the item, and the price at which that item is priced in transactions by other refiners selling the same or most nearly comparable item in the same marketing area on the day when the item is first offered for sale shall be used rather than the May 15, 1973 selling price. (3) Resellers. A reseller, reseller-retailer or retailer, offering a “new item,” shall for purposes of applying the price rule of § 212.93 determine the May 15,1973 selling price for that item as the price at which that item is placed in transactions at the nearest comparable outlet on the day when the item is fi”
1 later decision quote this exact passage“Not later than fifteen days after November 27, 1973, the President sháll promulgate a regulation providing for the mandatory allocation of crude oil, residual fuel oil, and each refined petroleum product, in amounts specified in (or determined in a manner prescribed by) such regulation. Subject to subsection (d) of this section, such regulation shall take effect not later than fifteen days after its promulgation. Such regulation shall apply to all crude oil, residual fuel oil, and refined petroleum products produced in or imported into the United States.”
1 later decision quote this exact passage“[T]he new-item rule requires that the base price of an item that falls within its purview be determined by applying to that item the nearest comparable outlet’s base price for the same item. The testimony of Bernard of Cities Service Company .. . offered by the government, was addressed to this subject. The issue of comparability was a question for the jury. Regrettably, the trial court, by its instruction, removed this issue from jury consideration. To do so was error.”
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.