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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 100 of about 9,219 results (0.095 seconds)

Jun 19 1984 (FN)

Copperweld Vs. Independence Tube

Court : US Supreme Court

..... foreign commerce was brought about could save such restraint from condemnation. the statute under this view evidenced the intent not to restrain the right to make and enforce contracts, whether resulting from combination or otherwise, which did not unduly restrain interstate or foreign commerce, but to protect that commerce from being restrained by methods, whether old ..... any postacquisition conduct violated the act. [ footnote 6 ] when discussing the fact that some of the affiliated chicago operating companies did not compete to obtain exclusive transportation contracts held by another of the affiliated companies, the court stated: "[t]he fact that the competition restrained is that between affiliated corporations cannot serve to negative the statutory ..... the combined market power of those same two firms. because the sherman act does not prohibit unreasonable restraints of trade as such -- but only restraints effected by a contract, combination, or conspiracy -- it leaves untouched a single firm's anticompetitive conduct (short of threatened monopolization) that may be indistinguishable in economic effect from the conduct ..... is sufficient to warrant scrutiny even in the absence of incipient monopoly. b the distinction between unilateral and concerted conduct is necessary for a proper understanding of the terms "contract, combination . . . or conspiracy" in 1. nothing in the literal meaning of those terms excludes coordinated conduct among officers or employees of the same company. but .....

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Jun 12 1984 (FN)

Firefighters Vs. Stotts

Court : US Supreme Court

..... punished for contempt if it had disregarded the preliminary injunction, regardless of whether the injunction on appeal were found erroneous, it seems unlikely that a defense to a breach of contract would turn on whether the preliminary injunction is upheld on appeal as opposed to the city's obligation to obey the injunction when entered. [ footnote 4/6 ] the court ..... is because it has no enforceable rights. i am at somewhat of a loss trying to understand the court's suggestion that the district court's preliminary injunction somehow prevented contract liability from arising between the city and the affected white employees. as is explained more fully infra, the preliminary injunction did not require the city to lay off anyone. ..... blacks employed in the fire department. furthermore, both the district court and the court of appeals, for different reasons, held that the seniority provisions of the city's collective bargaining contract must be disregarded for the purpose of achieving the mandated result. these rulings remain undisturbed, and we see no indication that respondents concede, in urging mootness, that these rulings ..... it will decrease the percentage of black" employees in specified classifications in the department. the seniority policy was the policy adopted by the city and contained in the collective bargaining contract with the union. the injunction was affirmed by the court of appeals, and has never been vacated. it would appear from its terms that the injunction is still in .....

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Jun 11 1984 (FN)

Mich. C. and F. Assn. Vs. Agric. M. and B. Bd.

Court : US Supreme Court

..... for processing or sale; or (2) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (3) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; ..... . at 7449-7450. finally, highlighting its intent to prohibit coerced affiliation with associations, the house amended the definition of the term "handler" to include any association "contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers." id. at 7465, 7469 (emphasis added). [ footnote 19 ] page ..... , current market information, and projections on production during the current market periods. the board shall exclude from that quantity any quantity of the agricultural commodity contracted by producers with producer owned and controlled processing cooperatives and any quantity produced by handlers. an association whose main purpose is bargaining but which processes a ..... commodity, regardless of whether they have chosen to become members of the association, must pay a service fee to the association, and must abide by the contracts the association negotiates with processors. the michigan agricultural cooperative marketing association (macma), a producers' association accredited under the michigan act, is the sole sales and bargaining .....

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Jun 05 1984 (FN)

Alcoa Vs. Clp Utility Dist.

Court : US Supreme Court

..... legislative history of the act, however, the administrator concluded that the terms of the power sales were not to be the same as they had been under the 1975 contracts. the 1975 contracts provided that a portion (the "top quartile") of the power supplied to dsis could be interrupted "at any time." this provision made the top quartile of dsi ..... upon his interpretation of the statute and its legislative history, concluded that terms of the power sales need not be the same as they had been under the 1975 contracts. those contracts had provided that a portion of the power supplied to dsis could be interrupted "at any time," thus making that portion subject to the preference provisions of the project ..... they do arbitrage the nonfirm bpa power. [ footnote 8 ] the house interior and insular affairs committee report, for example, expressly stated that the second quartile under the new contracts "will provide a planning reserve to protect the administrator's firm loads against the delayed completion or unexpectedly poor performance of regional generating resources or conservation measures implemented or acquired ..... to respondents' argument, does not preclude curtailing the situations in which power can be interrupted. nor is there any merit to respondents' argument that the terms of the new contracts conflict with 5(a) of the regional act. while that section preserves the priority and preference provisions of the project act, that preference system merely determines the priority of different .....

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Mar 05 1984 (FN)

Lynch Vs. Donnelly

Court : US Supreme Court

lynch v. donnelly - 465 u.s. 668 (1984) u.s. supreme court lynch v. donnelly, 465 u.s. 668 (1984) lynch v. donnelly no. 82-1256 argued october 4, 1983 decided march 5, 1984 465 u.s. 668 certiorari to the united states court of appeals for the first circuit syllabus the city of pawtucket, r.i., annually erects a christmas display in a park owned by a nonprofit organization and located in the heart of the city's shopping district. the display includes, in addition to such objects as a santa claus house, a christmas tree, and a banner that reads "seasons greetings," a creche or nativity scene, which has been part of this annual display for 40 years or more. respondents brought an action in federal district court, challenging the inclusion of the creche in the display on the ground that it violated the establishment clause of the first amendment, as made applicable to the states by the fourteenth amendment. the district court upheld the challenge and permanently enjoined the city from including the creche in the display. the court of appeals affirmed. held: notwithstanding the religious significance of the creche, pawtucket has not violated the establishment clause. pp. 465 u. s. 672 -687. (a) the concept of a "wall" of separation between church and state is a useful metaphor, but is not an accurate description of the practical aspects of the relationship that in fact exists. the constitution does not require complete separation of church and state; it affirmatively mandates .....

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Jul 01 1985 (FN)

Sedima, S.P.R.L. Vs. Imrex Co., Inc.

Court : US Supreme Court

..... expansion of resort to rico in cases of alleged fraud or contract violation, rather than to the traditional remedies available in state court. as the court of appeals emphasized, it defies rational belief, particularly in light of the legislative ..... brought -- in the page 473 u. s. 530 unfettered discretion of private litigants -- in federal court against legitimate businesses seeking treble damages in ordinary fraud and contract cases. there is nothing comparable in those cases to the restraint on the institution of criminal suits exercised by government prosecutorial discretion. today's opinion inevitably will encourage continued ..... a type generally associated with professional criminals." aba report at 55-56. another survey of 132 published decisions found that 57 involved securities transactions and 38 commercial and contract disputes, while no other category made it into double figures. american institute of certified public accountants, the authority to bring private treble-damage suits under "rico" should ..... this action in the federal district court for the eastern district of new york. the complaint set out common law claims of unjust enrichment, conversion, and breach of contract, fiduciary duty, and a constructive trust. in addition, it asserted rico claims under 1964(c) against imrex and two of its officers. two counts alleged violations of .....

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Jun 28 1985 (FN)

Atascadero State Hosp. Vs. Scanlon

Court : US Supreme Court

..... turn out to be futile. moreover, the resulting abrogation of sovereign immunity would operate retroactively; even debts incurred years before the constitution was adopted -- and before either of the contracting parties expected that a judicial remedy against the state would be available -- would become the basis for causes of action brought under the two clauses in federal court. in short ..... to no such actions; and this new jurisdiction will subject the states, and many defendants to actions, and processes, which were not in the contemplation of the parties when the contract was made; all engagements existing between citizens of different states, citizens and foreigners, states and foreigners; and states and citizens of other states were made the parties contemplating the ..... the federal courts to exercise jurisdiction beyond the lawmaking powers of congress: it provides new remedies for state creditors "which were not in the contemplation of the parties when the contract was made." page 473 u. s. 273 another noted anti-federalist writer who published under the pseudonym "brutus" also attacked what he saw as the untoward implications of the ..... be to authorize suits against states for the debts they owe? how could recoveries be enforced? it is evident, that it could not be done without waging war against the contracting state; and to ascribe to the federal courts, by mere implication, and in destruction of a preexisting right of the state governments, a power which would involve such a .....

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May 20 1985 (FN)

Harper and Row Vs. Nation Enterprises

Court : US Supreme Court

..... to disseminate any such information in any media, including television, radio and newspaper and magazine interviews prior to the first publication of the work hereunder." app. 484. the contract thus makes clear that harper & row sought to benefit substantially from monopolizing the initial revelation of information known only to ford. because the nation was the first to convey ..... all those to whom the manuscript was shown also "sign an agreement to keep the manuscript confidential." app. to pet. for cert. 1c-20. while the copyright holders' contract with time required time to submit its proposed article seven days before publication, the nation's clandestine publication afforded no such opportunity for creative or quality control. id. at c ..... material. we granted certiorari, 467 u.s. 1214 (1984), and we now reverse. i in february, 1977, shortly after leaving the white house, former president gerald r. ford contracted with petitioners harper & row and reader's digest, to publish his as yet unwritten memoirs. the memoirs were to contain "significant hitherto unpublished material" concerning the watergate crisis, mr. ..... november 6, 1984 decided may 20, 1985 471 u.s. 539 certiorari to the united states court of appeals for the second circuit syllabus in 1977, former president ford contracted with petitioners to publish his as yet unwritten memoirs. the agreement gave petitioners the exclusive first serial right to license prepublication excerpts. two years later, as the memoirs were .....

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Apr 16 1985 (FN)

Allis-chalmers Corp. Vs. Lueck

Court : US Supreme Court

..... related to the application of terms of the contractual agreement. we pass no judgment on whether an independent, nonnegotiable, state-imposed duty which does not create similar problems of contract interpretation would be preempted under similar circumstances. [ footnote 12 ] here, for example, record evidence suggests that allis-chalmers, which ultimately was responsible for the benefit payments, ..... substantive interpretation under competing legal systems would tend to stimulate and prolong disputes as to its interpretation . . . [and] might substantially impede the parties' willingness to agree to contract terms providing for final arbitral or judicial resolution of disputes." id. at 369 u. s. 103 -104 (footnote omitted). for those reasons, the court in lucas flour ..... must be determined by federal law: "[t]he subject matter of 301(a) 'is peculiarly one that calls for uniform law.' . . . the possibility that individual contract terms might have different meanings under state and federal law would inevitably exert a disruptive influence upon both the negotiation and administration of collective agreements. because neither party could ..... to all employees, such as petitioner, who are represented by the union. the collective bargaining agreement also establishes a four-step grievance procedure for an employee's contract grievance. this procedure culminates in final and binding arbitration if the union chooses to pursue the grievance that far. app. 18-29. a separate letter of understanding .....

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Mar 18 1985 (FN)

Nrpc Vs. Atchison, T. and S. F. Ry. Co.

Court : US Supreme Court

..... . 732 -733, we have never held that the principles embodied in the fifth amendment's due process guarantee are coextensive with the prohibitions against state impairment of contracts under the contract clause, and, we observed, to the extent the standards differ, a less searching inquiry occurs in the review of federal economic legislation. see also n. 24 ..... contractual right against the united states to be free from all obligation to provide passenger service. while there can be no doubt that the basic agreements are contracts, they are contracts not between the railroads and the united states, but simply between the railroads and the nongovernmental corporation, amtrak. the united states was page 470 u. ..... a contractual obligation of the united states; that obligation, the railroads asserted, was unconstitutionally impaired by the subsequent legislation. third, they argued that, even if no contract existed between the united states and the railroads, the statutory requirement that the railroads pay amtrak for allowing pass riders constituted a deprivation of property without due process. ..... failing intercity passenger train industry. for this purpose, the act established the national railroad passenger corporation (amtrak), a private, for-profit corporation, authorized to operate, or contract with private railroads for the operation of, intercity rail passenger service. most private railroads offering such service entered into "basic agreements" with amtrak, and thereby, as provided .....

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