Caswell v. Morgenthau’s Empirical Analysis

Citation profile

31 federal appellate · 6 district ·

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

1. ““Since we may assume that the present employees in the department in question are all who are necessary to do the work, it follows that if mandamus issues some present employee must be dismissed to make room for appellant, and this we recently held in U. S. ex rel. Crow v. Mitchell, 89 F.2d 805 , 67 App.D.C. 61 , was not the function of mandamus. It is just as true that mandamus cannot be stretched to the point of requiring an executive officer of the government to reinstate a discharged employee and pay him his salary from the day of his discharge. Keim v. United States, 177 U.S. 290 , 20 S.Ct. 574 , 44 L.Ed. 774 . And it is also true that the writ cannot be used to control the supervisory powers of executive officers in the administration of their departments. Field v. Giegengack, 73 F.2d 945 , 64 App.D.C. 40 . “We prefer, however, to place our affirmance on the ground of laches. Appellant was discharged September 15, 1935. He brought his petition March 19, 1937, a little more than eighteen months after his cause of action, — if he had one — arose. * * * “The difference in the period of delay in the Arant case and this case is that one was twenty months and the other eighteen, and where the same question has arisen under more or less similar statutes in New York and other states the answer has been the same where as little as four months’ delay ensued. See People ex rel. Young v. Collis, 6 App.Div. 467 , 39 N.Y.S. 698 ; People ex rel. Croft v. Keating, 49 App. Div. 123 , 63”

   1 later decision quote this exact passage · from the majority
   e.g. Kohlman v. Smith