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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1970 Page 1 of about 31 results (0.163 seconds)

Mar 09 1970 (FN)

United States Vs. Seckinger

Court : US Supreme Court

Decided on : Mar-09-1970

..... v. anaconda american brass co., 43 wis.2d 36, 168 n.w.2d 112 (1969) (indemnitor not liable for such portion of total liability attributable to act of indemnitee unless indemnity contract by express provision and strict construction so provides); cases collected in annot., 175 a.l.r. 8, 29-38 (1948). other cases do not require that indemnification for the indemnitee ..... to permit indemnification of the government for its own negligence, which had substantially contributed to the injury. held: though the government, under the contract clause involved here, cannot recover for its own negligence, it is entitled to indemnity on a comparative basis to the extent that it can prove that respondent's negligence contributed to the employee's injuries. pp. 397 u ..... court's opinion to the contrary, we do not deal here with "common law or statutory rules of contribution or indemnity." [ footnote 2/4 ] the only question the court decides is the meaning of the words of a clause in a government contract. [ footnote 2/5 ] i think the page 397 u. s. 220 meaning attributed to that clause today is as ..... evidence was presented to the district court. that court merely adhered to the construction of the contract that had been adopted by the court of appeals, 153 f.2d 605 (c.a.2d cir.1946), namely, that the united states was entitled to full indemnity from a stevedoring contractor although both the united states and the contractor were found to have been .....

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Dec 15 1970 (SC)

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Decided on : Dec-15-1970

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... turned or used against the state whose strength it is'. imperfect rights are not based on morality. many rights are wrecked on the rock of unenforceability. act of indemnity is one illustration. duty is legal, when sanction is attached to its breach. sanction means the appointed consequences of disobedience sanctionless duties are imperfect obligations. really speaking imperfect ..... imperfect obligations' since the constitution takes the matter into itself and gives them is own guarantees. the individual rights and obligations no doubt originally flowed from a contract between high contracting parties and might not have create a vinculum juris in favour of third parties but the constitution having granted rights and created corresponding obligations, those rights and ..... such, create direct rights and obligations for private individuals. but it cannot be disputed that the very object of an international agreement, according to the intention of the contracting parties, may be the adoption by the parties of some definite rules, creating individual rights and obligations and enforceable by the national courts. that there is such an ..... article could only be read by itself and even the chapter on fundamental rights was excluded. the reason given was that these instruments were political agreements between high contracting parties and the municipal courts had no say in matters which were political or acts of state. the covenants were not self-executing and created imperfect obligations and .....

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Jun 01 1970 (FN)

Chandler Vs. Judicial Council

Court : US Supreme Court

Decided on : Jun-01-1970

chandler v. judicial council - 398 u.s. 74 (1970) u.s. supreme court chandler v. judicial council, 398 u.s. 74 (1970) chandler v. judicial council of the tenth circuit no. 2, misc. argued december 10, 1969 decided june 1, 1970 398 u.s. 74 on motion for leave to file petition for writ of prohibition and/or mandamus syllabus on december 13, 1965, respondent, the judicial council of the tenth circuit, acting under 28 u.s.c. 332, issued an order finding that petitioner was unable or unwilling to discharge his duties efficiently as a district judge for the western district of oklahoma (hereafter the district) and directing that he should not act in any case then or thereafter pending therein, that, until the council's further order, no cases filed in the district were to be assigned to petitioner, and that, if all the active judges in the district could not agree upon the division of business and case assignments necessitated by the order, the council, acting under 28 u.s.c. 137, would make such division and assignments as it deemed proper. petitioner filed with this court a motion for leave to file a petition for a writ of prohibition and/or mandamus directed to the council and sought a stay of its order. the court denied a stay on the ground that the order was interlocutory and that petitioner would be permitted to appear at further proceedings before the council. a hearing, scheduled for february 10, 1966, was not held, the council having been advised that no district judge, .....

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Jun 01 1970 (FN)

Boys Markets, Inc. Vs. Retail Clerks Union

Court : US Supreme Court

Decided on : Jun-01-1970

..... it has been stated that lincoln mills, in its exposition of 301(a), "went a long way towards making arbitration the central institution in the administration of collective bargaining contracts." [ footnote 21 ] the sinclair decision, however, seriously undermined the effectiveness of the arbitration technique as a method peacefully to resolve industrial disputes without resort to strikes, lockouts ..... and enjoining continuation of the strike. concluding that the dispute was subject to arbitration under the collective bargaining agreement and that the strike was in violation of the contract, the district court ordered the parties to arbitrate the underlying dispute, and simultaneously enjoined the strike, all picketing in the vicinity of petitioner's supermarket, and ..... picket petitioner's establishment. thereupon petitioner demanded that the union cease the work stoppage and picketing and sought to invoke the grievance and arbitration procedures specified in the contract. the following day, since the strike had not been terminated, petitioner filed a complaint in california page 398 u. s. 240 superior court seeking a temporary ..... inter alia, that all controversies concerning its interpretation or application should be resolved by adjustment and arbitration procedures set forth therein [ footnote 3 ] and that, during the life of the contract, there should page 398 u. s. 239 be "no cessation or stoppage of work, lock-out, picketing or boycotts. . . ." [ footnote 4 ] the dispute arose .....

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Jun 29 1970 (FN)

New Haven Inclusion Cases

Court : US Supreme Court

Decided on : Jun-29-1970

..... ultimate disposition. merger report, 327 i.c.c. at 531-532. on september 16, 1 1966 following objections to the initial order from various parties, the commission abrogated the indemnity provisions originally prescribed for the protected carriers and announced it would reconsider its earlier decision, with possible modifications to be given retroactive effect. pennsylvania r. co. -- merger -- new ..... legal relationship between central and new haven, with the consequent unpredictability of litigation, and unwilling to defer valuation of new haven's interest to the completion of all possible contract actions between the two parties, the commission set the value of the claim at $13,000,000. it arrived at this figure by taking the average of two ..... to realize that compliance with the legislative edict left the company a vast area of midtown manhattan suitable for realty development. in 1907, central entered into the basic contract with new haven under which the present grand central terminal was built. the 1907 instrument recited that it had become necessary to rebuild the terminal, including yards and tracks ..... to discontinue suburban passenger train service in the boston area. there followed a public hearing, an adjournment to afford massachusetts authorities an opportunity -- ultimately unavailing -- to negotiate a contract with new haven for continuation of some service, and a motion by the new haven for expedited disposition "by reason of the critical nature of new haven's finances, .....

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Jun 08 1970 (FN)

Hellenic Lines Ltd. Vs. Rhoditis

Court : US Supreme Court

Decided on : Jun-08-1970

..... him to escape the obligations and responsibility of a jones act "employer." the flag, the nationality of the seaman, the fact that his employment contract was greek, and that he might be compensated there are in the totality of the circumstances of this case minor weights in the scales compared with ..... four are in favor of the shipowner and against jurisdiction: the ship's flag is greek; the injured seaman is greek; the employment contract is greek, and there is a foreign forum available to the injured seaman. the lauritzen test, however, is not a mechanical one. 345 u.s. ..... the law of the flag; (3) the allegiance or domicile of the injured seaman; (4) allegiance of the defendant shipowner; (5) the place where the contract of employment was made; (6) the inaccessibility of a foreign forum, and (7) the law of the forum." of these seven factors, it is urged that ..... 398 u.s. 306 certiorari to the united states court of appeals for the fifth circuit syllabus respondent, a greek seaman employed under a greek contract, sought recovery under the jones act for injuries sustained on a ship of greek registry while in american territorial waters. the vessel is operated by petitioner ..... either originating or terminating in the united states. respondent, the seaman, signed on in greece, and he is a greek citizen. his contract of employment provides that greek law and a greek collective bargaining agreement apply between the employer and the seaman, and that all claims arising out .....

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Jun 01 1970 (FN)

Adickes Vs. S. H. Kress and Co.

Court : US Supreme Court

Decided on : Jun-01-1970

adickes v. s. h. kress & co. - 398 u.s. 144 (1970) u.s. supreme court adickes v. s. h. kress & co., 398 u.s. 144 (1970) adickes v. s. h. kress & co. no. 79 argued november 12, 1969 decided june 1, 1970 398 u.s. 144 certiorari to the united states court of appeals for the second circuit syllabus petitioner is a white school teacher who was refused service in respondent's lunchroom when she was accompanied by six negro students, and who was arrested for vagrancy by the hattiesburg, mississippi, police when she left respondent's premises. she filed a complaint in the federal district court to recover damages alleging deprivation of her right under the equal protection clause not to be discriminated against on the basis of race. the complaint had two counts, each based on 42 u.s.c. 1983: (1) that she had been refused service because she was a "caucasian in the company of negroes" (under which she sought to prove that the refusal to serve her was pursuant to a "custom of the community to segregate races in public eating places") and (2) that the refusal of service and the arrest were the product of a conspiracy between respondent and the police (under which she alleged that the policeman who arrested her was in the store at the time of the refusal of service). the district court ruled that, to recover under the first count, petitioner would have to prove a specific "custom of refusing service to whites who were in the company of negroes" that was "enforced by the state" under its .....

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Mar 02 1970 (FN)

H. K. Porter Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Mar-02-1970

..... decision of this case. [ footnote 1 ] s.rep. no. 573, 74th cong., 1st sess., 12 (1935). [ footnote 2 ] "let me say that the bill requires no employer to sign any contract, to make any agreement, to reach any understanding with any employee or group of employees. . . ." " * * * *" "nothing in this bill allows the federal government or any agency to fix wages, to ..... would violate the fundamental premise on which the act is based -- private bargaining under governmental supervision of the procedure alone, without any official compulsion over the actual terms of the contract. in reaching its decision the court of appeals relied extensively on the equally important policy of the act that workers' rights to collective bargaining are to be secured. in this ..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. [ footnote ..... check-off was not made in good faith, but solely to frustrate the making of a collective bargaining agreement. thereafter, the nlrb ordered the petitioner to grant the union a contract check-off clause. the court of appeals affirmed the order, concluding that 8(d) of the national labor relations act did not forbid the nlrb to compel agreement. held: though .....

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Jan 20 1970 (FN)

Mills Vs. Electric Auto-lite Co.

Court : US Supreme Court

Decided on : Jan-20-1970

..... n.y.1966). see generally 5 l. loss, securities regulation 2933-2938 (supp. 1969). [ footnote 8 ] section 29(b) provides in pertinent part: "every contract made in violation of any provision of this chapter or of any rule or regulation thereunder . . . shall be void (1) as regards the rights of any person ..... at 3866. this interpretation is eminently sensible. the interests of the victim are sufficiently protected by giving him the right to rescind; to regard the contract as void where he has not invoked that right would only create the possibility of hardships to him or others without necessarily advancing the statutory policy of ..... read 29(b), which has counterparts in the holding company act, the investment company act, and the investment advisers act, [ footnote 10 ] as rendering the contract merely voidable at the option of the innocent party. see, e.g., greater iowa corp. v. mclendon, 378 f.2d 783, 792 (c.a. 8th ..... . winter haven, 320 u. s. 228 , 320 u. s. 235 (1943). we do not read 29(b) of the act, [ footnote 8 ] which declares contracts made in violation of the act or a rule thereunder page 396 u. s. 387 "void . . . as regards the rights of" the violator and knowing successors in ..... who, in violation of any such provision, rule, or regulation, shall have made . . . any such contract, and (2) as regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making . . . .....

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Jun 29 1970 (FN)

United States Vs. Sisson

Court : US Supreme Court

Decided on : Jun-29-1970

united states v. sisson - 399 u.s. 267 (1970) u.s. supreme court united states v. sisson, 399 u.s. 267 (1970) united states v. sisson no. 305 argued january 20-21, 1970 decided june 29, 1970 399 u.s. 267 appeal from the united states district court for the district of massachusetts syllabus appellee was indicted for willfully failing to report for induction as ordered by his local draft board. he moved to dismiss the indictment because (1) the involvement in vietnam violated international law, (2) he "reasonably believed the government's involvement in vietnam to be illegal," (3) the selective service act and its regulations were unconstitutional, as the local boards' procedures lacked due process, and (4) compulsory conscription in peacetime was unnecessary, and stifled fundamental liberties. the district judge dismissed the motion, and the case proceeded to trial. the instructions to the jury made no reference to a conscientious objector claim, or to whether the appellee was "sincere" in his beliefs, but advised the jury that the crux of the case was whether appellee's refusal was "unlawful, knowingly, and willfully" done. the jury returned a verdict of guilty. thereafter, appellee made a motion under fed.rule crim.proc. 34 to arrest the judgment on the ground that the district court lacked jurisdiction. the district court, in granting what it termed a motion in arrest of judgment, ruled not on the jurisdictional contention, but on appellee's "older contention" that the .....

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