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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 94 of about 9,212 results (0.198 seconds)

Jan 09 1961 (FN)

United States Vs. Mississippi Valley Generating Co.

Court : US Supreme Court

..... in the financing of the contemplated private power project; and, with such knowledge, they affirmatively acquiesced, and indeed encouraged, his continuing in his consultative role. the power contract, which the government recognizes was the product of hard bargaining and implicitly concedes was fair, was eventually terminated only because the government had lost interest in it. the ..... would only be the consequence of its having successfully competed against other investment bankers with similar qualifications. furthermore, where the government officer's eventual indirect participation in the contract which he has negotiated (by hypothesis improperly) depends on the chance of competition after he has lost the leverage which his position gave, then it would be ..... be precluded from representing the government, or at least, would have scrutinized his recommendations more closely. [ footnote 22 ] the respondent also contends that, even if the contract is not enforceable, a recovery quantum valebat should be decreed. however, such a remedy is appropriate only where one party to a transaction has received and retained tangible benefits ..... with first boston and his simultaneous activities on behalf of the government constituted an illegal conflict of interest, and, if so, whether the conflict of interest rendered the contract unenforceable. in reaching our decision on these questions, we do not consider, and have no interest in, the following matters: (1) the policy of the administration .....

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Jun 25 1962 (FN)

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

..... oil co. of california v. united states, supra. yet a requirement contract may escape censure if only a page 370 u. s. 331 small share of the market is involved, if the purpose of the agreement is to insure to the customer ..... . v. nashville coal co., supra. of course, the fact that requirement contracts are not inherently anticompetitive will not save a particular agreement if, in fact, it is likely "substantially to lessen competition, or to tend to create a monopoly." e.g., standard ..... primarily to preserve and stimulate competition. see standard oil co. of california v. united states, supra, 337 u.s. at 337 u. s. 305 -306. on the other hand, requirement contracts are frequently negotiated at the behest of the customer who has chosen the particular supplier and his product upon the basis of competitive merit. see, e.g., tampa electric co ..... co. of california v. united states, supra, with international salt co. v. united states, 332 u. s. 392 . [ footnote 50 ] the reason for this is readily discernible. the usual tying contract forces the customer to take a product or brand he does not necessarily want in order to secure one which he does desire. because such an arrangement is inherently anticompetitive .....

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Jun 18 1962 (FN)

Drake Bakeries Vs. Bakery Workers

Court : US Supreme Court

..... that we did not agree with, or accept your proposal to amend or alter past practice concerning holiday week-ends. your proposed schedule and your threats of disciplinary penalties violates contract and practice. . . . if you do no retract position, we shall demand arbitration." [ footnote 4 ] article vii-no strikes "(a) there shall be no strike, boycott, interruption ..... asserts that it was the company itself which ignored the adjustment and arbitration provisions by scheduling holiday work. in passing 301, congress was interested in the enforcement of collective bargaining contracts, since it would "promote a higher degree of responsibility upon the parties to such agreements, and will thereby promote industrial peace" (s.rep. no. 105, 80th cong ..... is excused from arbitrating, upon theories of waiver, estoppel, or otherwise. [ footnote 8 ] arbitration provisions, which themselves have not been repudiated, are meant to survive breaches of contract, in many contexts, even total breach; [ footnote 9 ] and, in determining whether one party has so repudiated his promise to arbitrate that the other party is excused the ..... that they will promptly attempt to adjust all complaints, disputes or grievances arising between them involving questions of interpretation or application of any clause or matter covered by this contract or any act or conduct or relation between the parties hereto, directly or indirectly." this is broad language, indeed, and the procedure thereafter provided in article v .....

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Jun 17 1963 (FN)

United States Vs. Philadelphia Nat'l Bank

Court : US Supreme Court

..... white took no part in the consideration or decision of this case. page 374 u. s. 373 [ footnote 1 ] section 1 of the sherman act provides in pertinent part: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal." section ..... . p. 41 and s. 331|>331, supra. and in standard fashion co. v. magrane-houston co., 258 u. s. 346 , the court held violative of 3 a series of exclusive contracts whereby a single manufacturer controlled 40% of the industry's retail outlets. doubtless these cases turned to some extent upon whether, "by the nature of the market, there is room ..... act, exclusive arrangements whereby the four major firms in the industry had foreclosed 75% of the relevant market; the respondent's market share, evidently, was 20%. kessler and stern, competition, contract, and vertical integration, 69 yale l.j. 1, 53 n. 231 (1959). in the instant case, by way of comparison, the four largest banks after the merger will foreclose 78 ..... co. v. united states, 337 u. s. 293 , cited in s.rep.no.1775, 81st cong., 2d sess. 6, this court held violative of 3 of the clayton act exclusive contracts ? 41 and s. 366? whereby the defendant company, which accounted for 23% of the sales in the relevant market and, together with six other firms, accounted for 65% of such .....

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Jun 03 1963 (FN)

Labor Board Vs. General Motors Corp.

Court : US Supreme Court

..... the union. membership remains optional with the employee, and the significance of desired, but unavailable, union membership, or the benefits of membership, in terms of permissible 8(a)(3) security contracts, we leave for another case. in view of the legislative history of the taft-hartley amendments to 8(a)(3) and of their purposes, we cannot say that optional membership ..... intended not to illegalize the practice of obtaining support payments from nonunion members who would otherwise be 'free riders,' we find that the provision for support payments in the instant contract does not exceed the union security agreements authorized by the act." 98 n.l.r.b. at 802. [ footnote 9 ] referring to the canadian practice, senator taft stated that ..... ,' i.e., employees who receive the benefits of union representation but are unwilling to contribute their fair share of financial support to such union, and gave unions the power to contract to meet that problem while withholding from unions the power to cause the discharge of employees for any other reason. . . ." we are therefore confident that the proposal made by the ..... .b. 800. [ footnote 8 ] moreover, the 1947 amendments not only abolished the closed shop, but also made significant alterations in the meaning of "membership" for the purposes of union security contracts. under the second proviso to 8(a)(3), the burdens of membership upon which employment may be conditioned are expressly limited to the payment of initiation fees and monthly dues .....

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Feb 18 1963 (FN)

Northern Nat. Gas Co. Vs. Kansas Corp. Comm'n

Court : US Supreme Court

..... because they bear upon purchasers, and not producers, of natural gas; (2) even if northern were no longer bound by the quantity obligations of its republic "a" contract, the kansas orders would still be invalid because they require kansas purchasers who previously took gas unratably to readjust their purchasing patterns, which might possible affect ultimate consumer prices; and ..... actual collision, by ad hoc accommodation on the part of every state, then the scope of federal regulatory power would vary in accordance with the kaleidoscopic variations of local contract law. the judgments are reversed, and the causes are remanded for further proceedings not inconsistent with this opinion. reversed and remanded. mr. justice white took no part ..... only so much of its requirements as were not satisfied by the quantities which the republic contract required to be taken from republic wells. appellant's requirements until 1958 were such that its purchases from its various producers were nevertheless roughly ratable, that is, in ..... appellant was obligated to purchase gas from republic up to the maximum production allowables for republic's kansas wells connected to appellant's system. [ footnote 3 ] appellant's contracts with its other producers provide that appellant's purchase commitments thereunder are expressly subject to the agreement with republic. thus, appellant was bound to purchase from its other producers .....

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Jan 14 1963 (FN)

Paul Vs. United States

Court : US Supreme Court

..... [ footnote 2/12 ] the proposal to "modernize" the law was primarily a proposal to relax, in certain situations, the very strict rule requiring that almost all contracts be placed through advertising competitive bidding. experience had shown page 371 u. s. 276 that the formalized ritual of competitive bidding was often unwieldy and uneconomical. for example ..... ii, these departments had run their procurement operations with a relatively free hand under the first war powers act, 55 stat. 838, which authorized placement of contracts without regard to existing provisions of law regulating procurement procedures. the war production board had early determined that the traditional method of procurement by advertising for sealed competitive ..... for lower rates. it directs that negotiations or, wherever possible, advertising for bids shall reflect active competition, so that the united states may receive the most advantageous contract. while the federal procurement policy demands competition, the california policy, as respects milk, effectively eliminates competition. the california policy defeats the command to federal officers to ..... comm'n of california v. united states, supra, we held that the federal procurement policy, which required competitive bidding as the general rule and negotiated purchase or contract as the exception, prevailed over california's regulated rate system. that case, like united states v. georgia public service comm'n, supra, concerned transportation of commodities. .....

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May 25 1964 (FN)

Massachusetts Trustees Vs. United States

Court : US Supreme Court

..... separate charter. . . ." we will not refuse to accord it significance simply because the commission did not require the charterer to to through the formalities of the execution of a new contract. affirmed. [ footnote 1 ] hereafter "eastern." [ footnote 2 ] compare the opinion below, 312 f.2d 214, and united states v. eastport steamship corp., 216 f.supp. 649, ..... the charter. . . ." eastern equates this language with the "charter hire . . . fixed by the commission" under 5(b). without attempting the impossible task of reading into the charter contract the following method of accounting, eastern argues that this procedure is required by the statute: in addition to the required percent of the statutory sales price, the "charter hire reserved ..... such profits above $300 per day. the commission adopted a standard ship sales act charter ("shipsalesdemise 303") incorporating these provisions, and eastern chartered 10 vessels under such a contract dated october 1, 1946. market conditions allowed high profits to be earned in the first eight months of 1947. the commission decided to terminate existing charters, as it was ..... additional charter hire, one-half of such cumulative net voyage profit in excess of 10 percentum per annum. . . ." pursuant to a charter clause permitting termination of the contract, the commission notified petitioners of its intention to cancel the charter, but advised that the vessels could continue to be used under new terms, to which petitioners agreed, providing that .....

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Apr 28 1965 (FN)

Paragon Jewel Coal Co., Inc. Vs. Commissioner

Court : US Supreme Court

..... , " . . . if an opportunity opened up, [it] wanted to go back to roadbuilding," id. at 359 u. s. 216 , for which its shovels and bulldozers were primarily designed. the contracts of both petitioners in parsons were made terminable on very short notice. thus, the strippers in parsons were clearly independent contractors hired to do the stripping, not entrepreneurs with a ..... , and therefore is entitled to great weight. further, we believe that additional support is given to our construction by subsequent statutory enactments. as noted above, an owner who, by contract, disposes of the coal in place while retaining an economic interest is relegated to capital gains treatment of the royalties received. however, exemptive language in 631(c) [ footnote 10 ..... consistently regarded as a matter of legislative grace. [ footnote 8 ] we therefore must look to the code provisions and regulations in effect during the years involved to determine whether these contract coal miners acquired a depletable interest in the coal in place. page 380 u. s. 632 section 611(a) provides for "a reasonable allowance for depletion . . . according ..... was to receive the depletion, the tax court found that paragon expected to receive that deduction, and had fixed its per-ton fee for mining with this in mind. the contracts were also silent regarding termination, and were apparently for an indefinite period. however, numerous contractors quit mining, and some sold their equipment, buildings, tracks, etc., to others. .....

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Mar 29 1965 (FN)

American Ship Building Co. Vs. Labor Board

Court : US Supreme Court

..... , maintain his commercial operations while the strikers bear the economic brunt of the work stoppage. similarly, the employer can institute unilaterally the working conditions which he desires once his contract with the union has expired. given these economic weapons, it is argued, the employer has been adequately equipped with tools of economic self-help. there is, of course, ..... before may 1, 1961, when the unions notified the company of their intention to seek modification of the current contract, due to expire on august 1. at the initial bargaining meeting on june 6, 1961, the company took the position that its competitive situation would not allow increased ..... of the ships. since 1952, the employer has engaged in collective bargaining with a group of eight unions. prior to the negotiations here in question, the employer had contracted with the unions on five occasions, each agreement having been preceded by a strike. the particular chapter of the collective bargaining history with which we are concerned opened shortly ..... of columbia circuit syllabus petitioner, operator of four shipyards, entered negotiations with the unions representing its employees for the purpose of securing a new agreement to replace the current contract, soon to expire. after a bargaining impasse was reached, petitioner temporarily closed down one yard and laid off employees at the others. the national labor relations board found .....

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