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← 852 F.2d 485 - Narramore v. United States

Narramore v. United States’s Empirical Analysis

852 F.2d 485 · 1988

Citation profile

33
cited by 33 later decisions
May 2023
most recently cited

16 federal appellate ·

How this case has been cited

Cited by 33 later decisions — most recently May 2023 · most notably United States Lower Elwha Band of S'Klallams v. Lummi Indian Tribe (2000), In the Matter of West Texas Marketing Corporation v. Walter Kellogg--Trustee

16 federal appellate ·

22019881990200020102020decided

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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2409A · 33 U.S.C. § 702C

Relies on Sea-Land Service, Inc. v. Federal Maritime Commission · Darring v. Kincheloe · Del Madera Properties v. Rhodes & Gardner, Inc. · West Virginia Oil & Gas Co. v. George E. Breece Lumber Co. · Webb v. Heckler

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding.”
    3 later decisions quote this exact passage · from the majority
  2. “construe a judgment so as to give effect to the intention of the issuing court.”
    2 later decisions quote this exact passage · from the majority
  3. “[I]t is impossible to compute filling frequencies or flood routing studies through a reservoir behind a dam unless a fixed plan of releases from the dam is used. All of the expert testimony [at the Nar-ramore condemnation trial] was based upon filling frequencies and routing studies prepared by the Army Corps of Engineers which used Plan A as the fixed operational discharge of the Painted Rock Dam. This was a tacit, underlying assumption of all experts, be they hydrologists, appraisers or otherwise. ... [P]rior to 1966 it was not considered by anyone that Plan A discharge would cause any problems downstream. In fact it was assumed that the downstream channel would be able to handle Plan A discharges and that this would be the manner of operation of the dam.”
    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.