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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 97 of about 9,212 results (0.078 seconds)

Jun 23 1977 (FN)

Continental T.V., Inc. Vs. Gte Sylvania, Inc.

Court : US Supreme Court

..... . 68 agreements made by a patentee with its dealers who obtained its goods on a consignment basis. the court distinguished dr. miles on the ground that the agreements there were "contracts of sale, rather than of agency," and involved "an attempt by the miles medical company . . . to hold its purchasers, after the purchase at full price, to an ..... that sylvania and maguire had willfully and maliciously caused injury to continental's business in violation of california law also was rejected by the jury, and a pendent breach of contract claim was withdrawn by continental during the course of the proceedings. the parties eventually stipulated to a judgment for maguire on its claim against continental. [ footnote 10 ] there ..... this subject of considerable commercial importance. the traditional framework of analysis under 1 of the sherman act is familiar, and does not require extended discussion. section 1 prohibits "[e]very contract, combination . . or conspiracy, in restraint of trade or commerce." since the early years of this century, a judicial gloss on this statutory language has established the "rule of ..... 1 of the sherman act, regardless of the reasonableness of the location restrictions." app. 492. in answers to special interrogatories, the jury found that sylvania had engaged "in a contract, combination or conspiracy in restraint of trade in violation of the antitrust laws with respect to location restrictions alone," and assessed continental's damages at $591,505, which was .....

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Apr 27 1977 (FN)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

..... 4. thus, the differential standard in perry emerged from the collision of competing grants of power to the federal government, and did not purport to suggest that the contract clause -- or its federal counterpart, the fifth amendment -- standing alone, would produce different standards for reviewing governmental interference with public and private contractual obligations. [ footnote 2 ..... legislators will not automatically be bound by the policies and undertakings of earlier days. in accordance with this philosophy, the framers of our constitution conceived of the contract clause primarily as protection for economic transactions entered into by purely private parties, rather than obligations involving the state itself. see g. gunther, constitutional law 604 ..... its statutory procedure for enforcing certain municipal assessments against property owners. the holders of bonds for which the assessments were pledged as security were found to have contract rights in the previous statutory scheme. without classifying the enforcement statutes as substantive or remedial, the court held the change unconstitutional because it "[took] from ..... important public interests in mass transportation, energy conservation, and environmental protection. 134 n.j.super. at 194-195, 338 a.2d at 873. yet the contract clause limits otherwise legitimate exercises of state legislative authority, and the existence of an important public interest is not always sufficient to overcome that limitation. "undoubtedly, .....

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Feb 22 1977 (FN)

Nlrb Vs. Pipefitters

Court : US Supreme Court

..... the modern primary-secondary analysis [of national woodwork ] requires the complete abandonment of the present 'right to control' rule. the unit has bargained for its rights and signed a contract with its employer, who happens to be a subcontractor. these two are without doubt the primary parties. the general contractor is removed from this direct confrontation, enters into the picture ..... that the union's reaction would have been different had someone other than austin made the decision to use prefabricated units; whether hudik accomplished the wrong to its employees by contracting with austin, or simply by independently ordering prefabricated units, could make no page 429 u. s. 540 difference to the injured employees. either way, their objective, as ..... is unionized, certainly with respect to major industrial, commercial, and public construction. unionized in this context means that craft unions affiliated with the afl-cio represent and have contracts for the employees who work on such projects and, in fact, the unions are the source of the labor supply and furnish the employees to the employer-contractors. the ..... . traditionally, members of respondent union have performed the internal piping on heating and air-conditioning units on the jobsite. also, rule ix of the then-current collective bargaining contract between hudik and enterprise provided that pipe threading and cutting were to be performed on the jobsite in accordance with rule v, which, in turn, specified that the work .....

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Jul 03 1978 (FN)

California Vs. United States

Court : US Supreme Court

..... -125, p. 21. [ footnote 2/5 ] this court unanimously reversed the judgment of the california supreme court. it first ruled: "[t]he authority to impose the conditions of the contracts here comes from the power of the congress to condition the use of federal funds, works, and projects on compliance with reasonable requirements. and . . . if the enforcement of those conditions ..... water rights needed to perform the contracts page 438 u. s. 684 could not be acquired by the united states; this was an untenable position, the attorney general contended, because "never before has it been held ..... the united states were, by virtue of 8, subject to the normal trust obligations to water users that were imposed by state law, and that were inconsistent with the proposed contract provisions. [ footnote 2/4 ] as described by the attorney general of california, who represented the state water districts in this court, the california supreme court reasoned that the ..... the government in the irrigation works. . . . the government was and remained simply a carrier and distributor of the water . . . , with the right to receive the sums stipulated in the contracts as reimbursement for the cost of construction and annual charges for operation and maintenance of the works." " * * * *" "we have, then, a direction by congress to the secretary of the interior .....

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Jun 28 1978 (FN)

Allied Structural Steel Co. Vs. Spannaus

Court : US Supreme Court

..... . the severity of an impairment of contractual obligations can be measured by the factors that reflect the high value the framers placed on the protection of private contracts. contracts enable individuals to order their personal and business affairs according to their particular needs and interests. once arranged, those rights and obligations are binding under the law ..... coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; [or] pass any . . . law impairing the obligation of contracts. . . . " -- were targeted directly at this wide variety of debtor relief measures. although the debates in the constitutional convention and the subsequent public discussion of the constitution are not ..... court there acknowledged that, despite the contract clause, the states retain residual authority to enact laws "to safeguard the vital interests of [their] people." id. at 290 u. s. 434 . in upholding ..... the severe economic depression of the early 1930's. in home building & loan assn. v. blaisdell, 290 u. s. 398 , the court upheld against a contract clause attack a mortgage moratorium law that minnesota had enacted to provide relief for homeowners threatened with foreclosure. although the legislation conflicted directly with lenders' contractual foreclosure rights, the .....

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Jun 12 1978 (FN)

National Broiler Marketing Assn. Vs. United States

Court : US Supreme Court

..... changes include the growing integration of production and marketing of agricultural products, the increased control of these functions by large, diversified corporations, and the expanded use of contracting by such corporations to meet their needs. developments such as these weaken the marketing and bargaining position of individual producers. " hearings on s. 109 before a ..... handlers" from interfering with the "producers'" right "to join together voluntarily in cooperative organizations as authorized by law." 2301. in doing so, congress legislated specifically to protect contract growers from integrated broiler producers. section 4(b) of the act prohibits a "handler" from discriminating against "producers" with respect to any term "of purchase, acquisition ..... the congressional characterizations of farming." post at 436 u. s. 843 . most nbma members are fully integrated, except for the grow-out stage which they contract out. rather than groups of single-function farmers forming a collective jointly to handle, process, and market their agricultural products, these multifunction integrated units stand astride ..... with v. benson & t. witzig, the chicken broiler industry: structure, practices, and costs (dept. of agriculture, economic rep. no. 381, 1977). see generally e. roy, contract farming and economic integration, ch. 4, "broiler chickens" (2d ed.1972); department of agriculture, packers and stockyards administration, the broiler industry: an economic study of structure, practices and .....

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May 15 1978 (FN)

Sears, Roebuck and Co. Vs. Carpenters

Court : US Supreme Court

..... obtain were an employer subjected to recognitional or secondary picketing to seek injunctive relief in state court on the theory that the union was tortiously interfering with his freedom to contract. cf. retail clerks v. j. j. newberry co., 352 u.s. 987, summarily rev'g 78 idaho 85, 298 p.2d 375 (1956). [ footnote 25 ] one of the factors identified ..... 8(b)(2) or protected by 7. but rather than filing an unfair labor practice charge with the labor board, lockridge brought suit in state court on a breach of contract theory. he alleged that the union breached a promise implicit in the union constitution that it would not secure his discharge pursuant to the union security clause in the collective .....

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Mar 29 1978 (FN)

City of Lafayette Vs. Louisiana Pandl; Co.

Court : US Supreme Court

..... n. 24. [ footnote 3/4 ] the court assumed that california's program would violate the sherman act "if it were organized and made effective solely by virtue of a contract, combination or conspiracy of private persons, individual or corporate," but noted that the program "was never intended to operate by force of individual agreement or combination." 317 u.s. at ..... plurality's test is. stripped to its essentials, the counterclaim alleged that the petitioners engaged in sham litigation, maintained their monopolies by debenture covenants, foreclosed competition by long-term supply contracts, page 435 u. s. 436 and tied the sale of gas and water to the sale of electricity. broadly speaking, these actions could be characterized as bringing lawsuits, ..... have incurred." app. 14. (emphasis added.) it strikes me as somewhat remarkable to suggest that the same congress which "meant to deal comprehensively and effectively with the evils resulting from contracts, combinations and conspiracies in restraint of trade," atlantic cleaner & dyers, inc. v. united states, 286 u. s. 427 , 286 u. s. 435 (1932), would have allowed these ..... other individuals and business enterprises with which they interrelate as purchasers, suppliers, and sometimes, as here, as competitors. [ footnote 24 ] lp&l; alleged that the city of plaquemine contracted to provide lp&l;'s electric customers outside its city limits gas and water service only on condition that the customers purchase page 435 u. s. 404 electricity from the .....

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Nov 13 1979 (FN)

Transamerica Mtg. Advisors, Inc. Vs. Lewis

Court : US Supreme Court

..... join, dissenting. the court today holds that private rights of action under the investment advisers act of 1940 (act) are limited to actions for rescission of investment advisers contracts. in reaching this decision, the court departs from established principles governing the implication of private rights of action by confusing the inquiry into the existence of a right of ..... fraud or deceit upon any client or prospective client," or to engage in specified transactions with clients without making required disclosures. [ footnote 6 ] the second is 215, which provides that contracts whose formation or performance would page 444 u. s. 17 violate the act "shall be void . . . as regards the rights of" the violator and knowing successors in interest ..... opportunities for the benefit page 444 u. s. 14 of other companies affiliated with transamerica. the complaint sought injunctive relief to restrain further performance of the advisory contract, rescission of the contract, restitution of fees and other considerations paid by the trust, an accounting of illegal profits, and an award of damages. the trial court ruled that the investment ..... of various frauds and breaches of fiduciary duty in violation of the investment advisers act of 1940 (act). the complaint sought injunctive relief, rescission of the investment advisers contract between the trust and the adviser, restitution of fees and other considerations paid by the trust, an accounting of illegal profits, and an award of damages. the district .....

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Jun 27 1979 (FN)

Steelworkers Vs. Weber

Court : US Supreme Court

..... 11375, 3 cfr 684 (1966-1970 comp.), and by exec.order no. 12086, 3 cfr 230 (1979). executive order no. 11246, as amended, requires all applicants for federal contracts to refrain from employment discrimination and to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion ..... discriminatory admission quota bear no relationship to the facts of this case. kaiser and the steelworkers acted under pressure from an agency of the federal government, the office of federal contract compliance, which found that minorities were being "underutilized" at kaiser's plants. see n 2, supra. that is, kaiser's workforce was racially imbalanced. bowing to that pressure ..... available in the gramercy area, and, as a consequence, kaiser's craft positions were manned almost exclusively by whites. in february, 1974, under pressure from the office of federal contract compliance to increase minority representation in craft positions page 443 u. s. 223 at its various plants, [ footnote 2/2 ] and hoping to deter the filing of employment ..... ). the parties dispute the extent to which black craftsmen were available in the local labor market. they agree, however, that after critical reviews from the office of federal contract compliance, kaiser and the steelworkers established the training program in question here and modeled it along the lines of a title vii consent decree later entered for the steel industry .....

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