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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1946 Page 4 of about 40 results (0.278 seconds)

Apr 29 1946 (FN)

S. A. Schulte, Inc. Vs. Gangi

Court : US Supreme Court

Decided on : Apr-29-1946

..... interstate commerce commission the fixed measure of transportation charges and forbade discrimination. 24 stat. 379, 380, as amended; 49 u.s.c. 6(7). of course, that precludes discrimination by contract. e.g., pittsburgh, c., c. & st. l. r. co. v. fink, 250 u. s. 577 . the fair labor standards act affords no comparable basis for the court's decision in ..... made to prove, that, at the time when any of the additional twelve tenants worked on goods belonging to the manufacturers, such manufacturers had an order or an agreement or contract for the shipment of the goods, when completed, in interstate commerce. there was no testimony by any of the twelve tenants that they knew or had reason to believe that ..... attorney general that the employee should prevail, the united states attorney handling the case is directed to negotiate a tentative settlement with the employee's counsel for submission to the contracting agency for acceptance or rejection. the wages due are, of course, always paid, but the claim for liquidated damages is the subject of bargaining, and, almost invariably, the employee's ..... & co., 123 f.2d 622, 626. [ footnote 4 ] in view of the number of settlements for violations, the issue is of importance. see annual report, wage and hour and public contracts divisions, u.s. department of labor, fiscal year ending june 30, 1945, p. 2: "in the six years and nine months that the fair labor standards act had been in .....

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Apr 29 1946 (FN)

First Iowa Hydro-electric Cooperative Vs. Fpc

Court : US Supreme Court

Decided on : Apr-29-1946

first iowa hydro-electric cooperative v. fpc - 328 u.s. 152 (1946) u.s. supreme court first iowa hydro-electric cooperative v. fpc, 328 u.s. 152 (1946) first iowa hydro-electric cooperative v. federal power commission no. 603 argued march 8, 1946 decided april 29, 1946 328 u.s. 152 certiorari to the united states court of appeals for the district of columbia syllabus petitioner applied to the federal power commission for a license for a power project in iowa involving the construction of a dam on a navigable stream and the diversion of water from two navigable streams into another. section 9(b) of the federal power act requires an applicant to submit satisfactory evidence of compliance with requirements of state laws "with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of developing, transmitting, and distributing power, and in any other business necessary to effect the purposes of a license under this act." petitioner showed no attempt to comply with iowa code, 1939, ch. 363, which forbids the construction of dams and the diversion of water for industrial purposes without a permit from the state executive council and authorizes the issuance of such a permit upon a finding, inter alia, that "any water taken from the stream . . . is returned thereto at the nearest practicable place." the state intervened and urged that the application be denied because petitioner did not .....

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Apr 22 1946 (FN)

El Dorado Oil Works Vs. United States

Court : US Supreme Court

Decided on : Apr-22-1946

..... substantially the argument now repeated -- namely, that any order the commission might make "could only be effective as to the future," that the commission's determination "could not affect the contract in this case," that the commission's action would be "futile," and that, consequently, our judgment and opinion would provide no "guidance" for the district court. our first opinion, buttressed ..... earnings. car company defended on the ground that further refunds would violate interstate commerce legislation, particularly the elkins act. 49 u.s.c. 41. the district judge found that the contract was in violation of the elkins act, and rendered judgment for the car company. the circuit court of appeals reversed. el dorado terminal co. v. general american tank car corp ..... necessary for that distribution. the appellee, general american tank car corporation, [ footnote 1 ] owns tank cars which it rents and leases to various shippers. in 1933, oil works made a contract with the car company to rent, for a period of three years, fifty tank cars at $27.50 per month, and such additional cars as it might need at $30 .....

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Feb 25 1946 (FN)

Lusthaus Vs. Commissioner

Court : US Supreme Court

Decided on : Feb-25-1946

..... v. harrelson, 282 u. s. 55 ; uterhart v. united states, 240 u. s. 598 , 240 u. s. 603 . in lucas v. earl, 281 u. s. 111 , the validity of the contract to transfer sums earned was not significant to the inquiry as to who earned the compensation. [ footnote 2 ] revenue bill of 1941, h.r.5417, as introduced, 77th cong., 1st .....

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Dec 23 1946 (FN)

illinois Vs. Campbell

Court : US Supreme Court

Decided on : Dec-23-1946

illinois v. campbell - 329 u.s. 362 (1946) u.s. supreme court illinois v. campbell, 329 u.s. 362 (1946) illinois ex rel. gordon v. campbell no. 35 argued march 28, 1946 reargued november 19, 1946 decided december 23, 1946 329 u.s. 362 certiorari to the supreme court of illinois syllabus having filed notice of a lien for state unemployment compensation taxes under jones ill.stat.ann., 1944, 45.154, creating a lien "upon all the personal property" of an employer "used by him in connection with his . . . business," the state director of labor brought suit in a state court to enforce the lien, alleging that the employer was insolvent and that a creditor had obtained judgment and execution against him subsequent to the filing of notice of the lien. the court enjoined all creditors from interfering with the employer's property and appointed a receiver, who took charge of all his assets. thereafter, the collector of internal revenue filed claims on behalf of the united states for federal social security taxes page 329 u. s. 363 under 1400 of the internal revenue code and an intervening petition alleging that the debtor was insolvent, and claiming priority of payment. the receiver liquidated all of the debtors assets and realized less than enough to satisfy the claims of creditors. held: 1. under r.s. 3466, a claim of the united states for social security taxes under 1400 of the internal revenue code takes priority over a claim of a state for taxes under a state unemployment .....

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Jun 10 1946 (FN)

Rfc Vs. Denver and Rio Grand Western R. Co.

Court : US Supreme Court

Decided on : Jun-10-1946

..... 100,000 shares. in 1901, an agreement was entered into by rio grande western, the trustee under the first consolidated mortgage, and the owner of the utah fuel stock. the contract provided that the stock would be held by the trustee to secure bonds issued under the first consolidated mortgage, and that rio grande western would have the right at any .....

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Mar 25 1946 (FN)

Kennecott Copper Corp. Vs. State Tax Commission

Court : US Supreme Court

Decided on : Mar-25-1946

..... "court of competent jurisdiction." thus, while, during the last seventy-five years, governmental immunity from suit, as a doctrine without page 327 u. s. 581 moral validity, has been progressively contracted, the court now takes a backward step by enhancing a discredited doctrine through artificial construction. in doing so, the court also disregards the historic relationship between the federal and the .....

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Feb 25 1946 (FN)

Ashcraft Vs. Tennessee

Court : US Supreme Court

Decided on : Feb-25-1946

ashcraft v. tennessee - 327 u.s. 274 (1946) u.s. supreme court ashcraft v. tennessee, 327 u.s. 274 (1946) ashcraft v. tennessee no. 381 argued february 6, 7, 1946 decided february 25, 1946 327 u.s. 274 certiorari to the supreme court of tennessee syllabus 1. on retrial of petitioner, whose conviction in a criminal case in a state court had been reversed by this court on the ground that it had been obtained by use of a coerced confession, ashcraft v. tennessee, 322 u. s. 143 , the jury was permitted to hear testimony narrating everything (except the confession) that took place during the inquisition at which the confession was obtained. this resulted in another conviction. held: there was no relevant distinction between the use of this evidence and the use of the confession, and the conviction is reversed as being contrary to the due process clause of the fourteenth amendment. p. 327 u. s. 278 . 2. in oral argument before this court in the earlier proceeding, the state's attorney admitted that the confession was the only evidence against petitioner, and this was mentioned in the opinion of this court, which reversed the conviction and remanded the cause to the state supreme court for proceedings not inconsistent with the opinion of this court. held: the mandate of this court did not forbid a new trial of petitioner. p. 279, n. *. 3. a state supreme court's construction of its own mandate is final. p. 279, n. *. reversed. page 327 u. s. 275 petitioner was convicted as an .....

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Jan 28 1946 (FN)

United States Vs. New York Telephone Co.

Court : US Supreme Court

Decided on : Jan-28-1946

..... of three essential parts, collectively called "the instruments" -- the transmitter, receiver and induction coil -- of the telephone stations used by subscribers. american had furnished and maintained these instruments under a contract between it and new york under which new york paid it a specified percentage of its gross revenues. in december, 1927, american sold to new york the instruments then in .....

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Feb 25 1946 (FN)

United States Vs. Petty Motor Co.

Court : US Supreme Court

Decided on : Feb-25-1946

..... of the tool company, by a "termination on condemnation" clause. with the exception of the petty motor company and the independent pneumatic tool company, the tenants were tenants under oral contracts on a month to month basis. this entitled them only to notice of termination fifteen days prior to the end of a rental period. utah code ann. (1943), title 104 ..... compensation is made for the value of the rights which are taken. united states v. general motors corp., 323 u. s. 373 , 323 u. s. 379 . the tool company had contracted away any rights that it might otherwise have had. we are dealing here with a clause for automatic termination of the lease on a taking of property for public use .....

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