Henry Knott Company Division of Knott Industries Inc v. Chesapeake and Potomac Telephone Company of West Virginia a’s Empirical Analysis
772 F.2d 78 · 1985
Citation profile
8 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2023 · most notably Gilbane Building Company Caci v. Federal Reserve Bank of Richmond (1996), Fed. Sec. L. Rep. P 98,510
8 federal appellate · 1 district · 6 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 28 U.S.C. § 636 · 5 U.S.C. § 554 (Administrative Procedure Act of 1946)
Relies on Thompson v. Sawyer · W.R.B. Corp. v. Geer · United States of America, and Cross-Appellee v. Twin City Power Company, and Cross-Appellant. (Tract No. C-215). United States of America, and Cross-Appellee v. Twin City Power Company, and Cross-Appellant. (Tracts Nos. F-500 and H-700). United States of America, and Cross-Appellee v. Twin City Power Company, and Cross-Appellant. (Tracts Nos. F-541 (Part) and H-732) · United States v. Cunningham · Arrow-Hart, Inc. v. Philip Carey 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“absent the consent of the parties, a successor master or judge may not be appointed to make findings of fact and conclusions of law based solely upon the transcript developed before the original judge or master, unless no credibility determination as to the testimony of the witnesses needs to be made. This rule would apply in cases where the master's referral order specifically required him to make findings of fact and conclusions of law. The parties must be given an opportunity to object and to demonstrate to the court that credibility issues are involved in the case. Of course, the parties may consent to having the entire case decided upon the record or they may agree as to which witnesses need to testify again.”
2 later decisions quote this exact passage · from the majority“The problem of the successor judge . . . is that one person hears the testimony and another person makes the factual findings without having seen or heard the witnesses . . . . Deference to such findings, by a district court or an appellate court, would be misplaced in such a case.”
2 later decisions quote this exact passage · from the majority“When a judge has yet to make findings of fact and conclusions of law, a successor judge must retry the case unless (1) all parties consent to resolution based on the trial transcript or (2) summary judgment would be appropriate (i.e., the trial transcript is treated as `supporting affidavits' and no credibility determinations are required for decision).”
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.