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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1964 Page 3 of about 48 results (0.057 seconds)

Jun 01 1964 (FN)

Red Ball Motor Freight, Inc. Vs. Shannon

Court : US Supreme Court

Decided on : Jun-01-1964

..... truck operator could be found to be an unauthorized "for-hire" carrier in the absence of some affirmative showing that his operations brought him within the definitions of common or contract carriage. [ footnote 6 ] consequently, the commission sought additional legislation. [ footnote 7 ] the original icc bill in this area would have amended the definition of "private carrier" in 203(a)(17 ..... exclude such "pseudo-private" carriage from its definition of a "private carrier of property by motor vehicle" as a person, not a "common" or "contract" carrier, who transports property of which he "is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent, or bailment, or in furtherance of ..... transportation which, though carried on in the guise of private carriage, was in effect for-hire carriage, and thus might lawfully be carried on only by an authorized common or contract carrier. before the enactment of 203(c), the icc was able to reach such abuses by interpreting 203(a)(17), 49 u.s.c. 303(a)(17), so as to .....

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Feb 17 1964 (FN)

Wright Vs. Rockefeller

Court : US Supreme Court

Decided on : Feb-17-1964

wright v. rockefeller - 376 u.s. 52 (1964) u.s. supreme court wright v. rockefeller, 376 u.s. 52 (1964) wright v. rockefeller no. 96 argued november 19, 1963 decided february 17, 1964 376 u.s. 52 appeal from the united states district court for the southern district of new york syllabus appellants, voters in the four congressional districts in manhattan island, brought suit before a three-judge district court challenging the constitutionality of part of new york's 1961 congressional apportionment statute. they charged that, in violation of the due process and equal protection clauses of the fourteenth amendment and in violation of the fifteenth amendment, irregularly shaped districts were drawn with racial considerations in mind, resulting in one district which excluded non-white citizens and those of puerto rican origin, who were largely concentrated in one of the other districts. held: finding of district court that appellants had failed to show that the challenged part of the apportionment act was a "state contrivance" to segregate on the basis of race or place of origin, that the new york legislature was motivated by racial considerations or that, in fact, it drew the districts on racial lines was not clearly erroneous. pp. 376 u. s. 53 -58. (a) where the evidence was "equally, or more, persuasive" that racial considerations had not motivated the state legislature than that such considerations had motivated the legislature, the findings of the district court that the .....

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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 15 1964 (FN)

Lucas Vs. Forty-fourth Gen. Assembly of Colorado

Court : US Supreme Court

Decided on : Jun-15-1964

lucas v. forty-fourth gen. assembly of colorado - 377 u.s. 713 (1964) u.s. supreme court lucas v. forty-fourth gen. assembly of colorado, 377 u.s. 713 (1964) lucas v. forty-fourth general assembly of colorado no. 508 argued march 31-april 1, 1964 decided june 15, 1964 377 u.s. 713 appeal from the united states district court for the district of colorado syllabus appellants, voters in the denver metropolitan area, seeking declaratory and injunctive relief, sued various officials having duties in connection with state elections challenging the apportionment of seats in both houses of the colorado general assembly. a three-judge federal district court deferred a hearing until after the 1962 general election at which two proposals for amending the state constitutional provisions relating to legislative apportionment were to be voted on by the colorado electorate. under the plan which was adopted, the house of representatives was presumably to be apportioned on the basis of population, but the existing apportionment of the senate, based on a combination of population and other factors (geography, compactness and contiguity, accessibility, natural boundaries, and conformity to historical divisions) was substantially maintained. the rejected proposal would have based apportionment of both houses largely on the basis of population. under the adopted plan, counties with only about one-third of the state's total population would elect a majority of the senate; the maximum population .....

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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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Apr 20 1964 (FN)

Fpc Vs. Texaco, Inc.

Court : US Supreme Court

Decided on : Apr-20-1964

..... regulation. to be sure, the proposed rule will have impact upon contractual practices which have been fairly widespread. but the real issue is not one of 'freedom of contract'; the question is whether the rule is rationally related to a condition which requires correction if regulatory objectives embraced by the statute are to be achieved. see american trucking ..... the court. the federal power commission, in its regulation of independent producers [ footnote 1 ] of natural gas, has required them page 377 u. s. 35 to file their contracts as rate schedules. this was done by regulations which evolved as a result of a series of rulemaking proceedings. [ footnote 2 ] the pertinent regulations presently provide that only certain pricing ..... fpc, after a hearing given to interested parties, including respondents, at which they were allowed to submit their views in writing, issued regulations providing for the summary rejection of contracts with pricing provisions other than those specified in the regulations as being "permissible." under 7 of the natural gas act, which includes a provision for an fpc hearing, respondents ..... certiorari to the united states court of appeals for the tenth circuit syllabus 1. a court of appeals granted review of a federal power commission (fpc) order concerning a contract performed in its circuit involving natural gas produced there by two respondent natural gas companies incorporated outside the circuit, the principal place of business of one (a) being within .....

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Apr 06 1964 (FN)

United States Vs. El Paso Natural Gas Co.

Court : US Supreme Court

Decided on : Apr-06-1964

..... the case by a memorandum dated october 18, 1956, which summarized a meeting at which terms of the acquisition were negotiated. it recited that pacific northwest had substantially concluded additional contracts for canadian gas, and that "pacific plans on selling this additional volume of gas to the california market. . . ." on november 5, 1956, just three days prior to ..... electric in the north and the southern companies in the south. once the commission grants authorization to construct facilities or to transport gas in interstate commerce, once the distributing contracts are made, a particular market is withdrawn from competition. the competition then is for the new increments of demand that may emerge with an expanding population and with an expanding ..... undisputed facts, the acquisition had a sufficient tendency to lessen competition or is saved by the findings that pacific northwest, as an independent entity, could not have obtained a contract from the california distributors, page 376 u. s. 658 could not have received the gas supplies or financing for a pipeline project to california, or could not have put ..... canadian gas supplied by pacific northwest to itself and others. el paso decided to fight the plan to the last ditch, and succeeded in getting (through a distributor) a contract for edison's needs. edison's tentative agreement with pacific northwest was terminated. before edison terminated that agreement with pacific northwest, edison had reached an agreement with el paso .....

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