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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1964 Page 2 of about 48 results (0.055 seconds)

Mar 09 1964 (FN)

Packinghouse Workers Vs. Needham

Court : US Supreme Court

Decided on : Mar-09-1964

..... is excused from arbitrating, upon theories of waiver, estoppel, or otherwise. arbitration provisions, which themselves have not been repudiated, are meant to page 376 u. s. 252 survive breaches of contract, in many contexts, even total breach; and in determining whether one party has so repudiated his promise to arbitrate that the other party is excused the circumstances of the claimed ..... agreement contained a broad arbitration clause covering "all complaints, disputes or grievances arising between . . . [the parties] 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." id. at 370 u. s. 257 . the employer argued that the promise not to strike was ..... arbitration. they then provide: "in the event a dispute shall arise between the company and the union with reference to the proper interpretation or application of the provisions of this contract and such dispute cannot be settled by mutual agreement of the parties, such dispute shall be referred to a board of arbitration upon the request of the union." it is ..... that of needham here, was rejected on grounds fully applicable to this case. although the court relied in part on the employer's apparent intention not to terminate the contract altogether, more central to its conclusion was the view that there was no "inflexible rule rigidly linking no-strike and arbitration clauses of every collective bargaining .....

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Jan 06 1964 (FN)

Humphrey Vs. Moore

Court : US Supreme Court

Decided on : Jan-06-1964

..... exceeded its authority under the collective bargaining agreement. although it is undoubtedly true as a general proposition that bargaining representatives have power to alter the terms of a contract with an employer, the challenge here is not to a purported exercise of such power, but to the validity of a grievance settlement reached under proceedings allegedly ..... exercise of the right to bargain collectively. consequently, the understandable desire to protect the individual should not emasculate the right to bargain by placing undue restraints upon the contracting parties. similarly, in safeguarding the individual page 375 u. s. 359 against the misconduct of the bargaining agent, we must recognize that the employer's interests are ..... joint conference committee dovetailing the seniority lists of the two companies violated moore's rights because: (1) the joint committee exceeded its powers under the existing collective bargaining contract in making its decision dovetailing seniority lists, and (2) the decision of the committee was brought about by dishonest union conduct in breach of its duty of fair ..... court of appeals properly enjoined implementation of the decision of a joint employer-employee committee purporting to settle certain grievances in accordance with the terms of a collective bargaining contract. the decision of the committee determined the relative seniority rights of the employees of two companies, dealers transport company of memphis, tennessee, and e & l transport .....

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Mar 30 1964 (FN)

Fpc Vs. Hunt

Court : US Supreme Court

Decided on : Mar-30-1964

..... 278 f.2d 870, cert. denied, 364 u.s. 891 (certificate conditioned upon removal of clauses permitting cancellation depending on price relationship of gas and competitive fuels in gas purchase contracts upon which feasibility of pipeline project depended); transwestern pipeline co., 22 f.p.c. 391, 394-395, modified on rehearing, 22 f.p.c. 542 (minimum bill provisions of ..... lay down conditions precedent to the entry of the natural gas into interstate commerce. moreover, the commission has long recognized this obligation, and has required modification of many tariff and contract provisions as a condition to the granting of a certificate. [ footnote 3 ] the existence of broad discretionary power in the commission to condition temporary certificates appears to us ..... interpretation of the natural gas act. this time we must determine the interplay of 4 and 7. these sections are the avenues through which the natural gas producer may, by contract or otherwise, initially propose the dedication of his natural gas supply to interstate movement ( 7) and, once so dedicated by order of the federal power commission, thereafter initiate ..... on april 19 before these conditions were met. on may 5, a conditional acceptance was filed reserving the right to seek removal of the conditions imposed and tendering an amended contract providing for an 18? initial price for 30 days with 20? per mcf. thereafter. the commission rejected this conditional acceptance and subsequently, in order to make clear its position .....

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Mar 30 1964 (FN)

Van Dusen Vs. Barrack

Court : US Supreme Court

Decided on : Mar-30-1964

van dusen v. barrack - 376 u.s. 612 (1964) u.s. supreme court van dusen v. barrack, 376 u.s. 612 (1964) van dusen v. barrack nos. 56 and 80 argued january 8-9, 1964 decided march 30, 1964 376 u.s. 612 certiorari to the united states court of appeals for the third circuit syllabus respondents, personal representatives of pennsylvania decedents, instituted in the united states district court for the eastern district of pennsylvania 40 wrongful death actions arising from an airplane crash in massachusetts. acting on petitioners' motion under 1404(a) of the judicial code of 1948, which provides for transfer of civil actions for the convenience of parties and witnesses, in the interest of justice, to any district where such action "might have been brought," the district court ordered that the actions be transferred to the district of massachusetts, where over 100 other actions arising out of the same disaster are pending. the court of appeals, interpreting 1404(a) and relying on rule 17(b) of the federal rules of civil procedure, vacated the transfer order, holding that it could be granted only if, at the time the actions were filed, respondents were personal representatives qualified to sue in massachusetts courts. held: 1. in 1404(a), the phrase "where it might have been brought" must be construed with reference to federal venue laws setting forth the districts where such actions "may be brought," and not with reference to the laws, such as those relating to damages and the .....

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Dec 14 1964 (FN)

Hamm Vs. City of Rock Hill

Court : US Supreme Court

Decided on : Dec-14-1964

hamm v. city of rock hill - 379 u.s. 306 (1964) u.s. supreme court hamm v. city of rock hill, 379 u.s. 306 (1964) hamm v. city of rock hill no. 2 argued october 12, 1964 decided december 14, 1964 * 379 u.s. 306 certiorari to the supreme court of south carolina syllabus the petitioners, who are negroes, were convicted for violations of state trespass statutes for participating in "sit-ins" at lunch counters of retail stores. it was conceded that the lunch counter operations would probably come within the coverage of the civil rights act of 1964, which was passed subsequent to the convictions and the affirmances thereof in the state courts. held: 1. the act creates federal statutory rights which, under the supremacy clause, must prevail over any conflicting state laws. pp. 379 u. s. 310 -312. 2. these convictions, being on direct review at the time the act made the conduct no longer unlawful, must abate. pp. 379 u. s. 312 -317. (a) had these been federal convictions, they would have abated, congress presumably having intended to avoid punishment no longer furthering a legislative purpose, and the general federal saving statute being applicable to a statute like this which substitutes a right for what was previously criminal. pp. 379 u. s. 312 -314. (b) though these were state convictions, their abatement is likewise required not only under the supremacy clause, and because the pending convictions are contrary to the legislative purpose of the act, but also because abatement is .....

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Jun 22 1964 (FN)

Jackson Vs. Denno

Court : US Supreme Court

Decided on : Jun-22-1964

jackson v. denno - 378 u.s. 368 (1964) u.s. supreme court jackson v. denno, 378 u.s. 368 (1964) jackson v. denno no. 62 argued december 9-10, 1963 decided june 22, 1964 378 u.s. 368 certiorari to the united states court of appeals for the second circuit syllabus petitioner, after robbing a hotel, fatally wounded a policeman and himself received two bullet wounds. questioned shortly after arrival at a hospital, he admitted the shooting and the robbery. some time later, after considerable loss of blood and soon after he had been given drugs, he was interrogated and admitted firing the first shot at the policeman. petitioner was indicted for murder, and both statements were admitted at the trial, at which petitioner's testimony differed in some important respects from the confessions. in accord with new york practice where the voluntariness of a confession is attacked, the trial court submitted that issue, with the others, to the jury. the jury was told to disregard the confession entirely if it was found involuntary, and to determine the guilt or innocence solely from other evidence; or, if it found the confession voluntary, it was to determine its truth or reliability and weigh it accordingly. the jury found petitioner guilty of first-degree murder, the new york court of appeals affirmed, and this court denied certiorari. petitioner filed a petition for a writ of habeas corpus asserting that the new york procedure for determining voluntariness of a confession was .....

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Jun 01 1964 (FN)

Baggett Vs. Bullitt

Court : US Supreme Court

Decided on : Jun-01-1964

..... for their refusal. nostrand v. little, 362 u. s. 474 . the washington supreme court held upon remand that, since professors nostrand and savelle were tenured professors, the terms of their contracts and rules promulgated by the board of regents entitled them to a hearing. nostrand v. little, 58 wash.2d 111, 361 p.2d 551. this court dismissed a further appeal ..... oaths prescribed in the statutes as a condition of their employment. the 1931 legislation applies only to teachers who, upon applying for a license to teach or renewing an existing contract, are required to subscribe to the following: "i solemnly swear (or affirm) that i will support the constitution and laws of the united states of page 377 u. s. 362 .....

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May 18 1964 (FN)

Parden Vs. Terminal R. Co.

Court : US Supreme Court

Decided on : May-18-1964

..... to operate "as though it were an ordinary common carrier." 1940 code of alabama (recompiled 1958), tit. 38, 17. [ footnote 1 ] it conducts substantial operations in interstate commerce. it has contracts and working agreements with the various railroad brotherhoods in accordance with the railway labor act, 45 u.s.c. 151 et seq.; maintains its equipment in conformity with the federal ..... contractual one based on state bond coupons, and the plaintiff sought to invoke the page 377 u. s. 187 federal question jurisdiction by alleging an impairment of the obligation of contract. [ footnote 3 ] such a suit on state debt obligations without the state's consent was precisely the "evil" against which both the eleventh amendment and the expanded immunity doctrine of .....

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Feb 17 1964 (FN)

Costello Vs. Ins

Court : US Supreme Court

Decided on : Feb-17-1964

costello v. ins - 376 u.s. 120 (1964) u.s. supreme court costello v. ins, 376 u.s. 120 (1964) costello v. immigration and naturalization service no. 83 argued december 12, 1963 decided february 17, 1964 376 u.s. 120 certiorari to the united states court of appeals for the second circuit syllabus petitioner, while a naturalized citizen, was convicted of two separate offenses involving moral turpitude. following his subsequent denaturalization on the ground that his citizenship had been acquired by willful misrepresentation, proceedings were brought against him under 241(a)(4) of the immigration and nationality act of 1952, which provides for deportation of an alien who at any time after entry "is convicted" of two crimes involving moral turpitude. he was found deportable, and the court of appeals dismissed his petition for review. held: 1. the two convictions relied upon to support deportation both occurred at a time when petitioner was a naturalized citizen, and he was therefore not deportable, the statute permitting only deportation of one who was an alien at the time of his convictions. eichenlaub v. shaughnessy, 338 u. s. 521 , distinguished. pp. 376 u. s. 121 -128. 2. the provision in 340(a) of the act that a denaturalization order shall be effective as of the original date of naturalization is inapplicable to the general deportation provisions of the act. petitioner could not, therefore, under the "relation-back" theory of that provision be deemed to have been an alien .....

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Feb 17 1964 (FN)

Wesberry Vs. Sanders

Court : US Supreme Court

Decided on : Feb-17-1964

..... congressman represents from two to three times as many fifth district voters as are represented by each of the congressmen from the other georgia congressional districts. the apportionment statute thus contracts the value of some votes and expands that of others. if the federal constitution intends that, when qualified voters elect members of congress, each vote be given as much weight .....

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