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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1973 Page 1 of about 69 results (0.214 seconds)

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Jan 09 1973 (FN)

Ricci Vs. Chicago Mercantile Exchange

Court : US Supreme Court

Decided on : Jan-09-1973

..... minimum financial standards and related reporting requirements for futures commission merchants who are members of such contract market, and which have been approved by the secretary of agriculture." [ footnote 6 ] the commission is composed of the secretaries of agriculture and commerce and the attorney general, ..... of this chapter, or any of the rules, regulations, or orders of the secretary of agriculture or the commission thereunder." [ footnote 5 ] title 7 u.s.c. 7a states: "each contract market shall --" " * * * *" "(9) enforce all bylaws, rules, regulations, and resolutions made or issued by it or by the governing board thereof or by any committee, which provide ..... that, to deal in commodity futures one must either be, or deal through, a member of a board of trade having specified qualifications and carrying official designation as a contract market. the act clearly contemplates a membership organization, and hence the existence of criteria for the acquisition, transfer, and loss of membership. the chicago mercantile exchange has such ..... . 293 their bylaws, rules, and regulations, and have the express statutory duty to enforce all such prescriptions (1) "which relate to terms and conditions in page 409 u. s. 294 contracts of sale . . . or relate to other trading requirements, and which have not been disapproved by the secretary of agriculture pursuant to" his statutory authority, id., 7a(8), [ footnote .....

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May 07 1973 (FN)

Kern County Land Co. Vs. Occidental Petr. Corp.

Court : US Supreme Court

Decided on : May-07-1973

..... an exempted security) within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... ). certainly mergers are such a class of transactions. [ footnote 2/7 ] in newmark v. rko general, supra, for example, rko signed an option contract to purchase shares of the company which was to be merged into a subsidiary of rko. when the merger was approved by the necessary parties, rko exercised its ..... this exchange of shares constituted a "sale" of the old kern shares. the term "sale," as used in the securities exchange act, includes "any contract to sell or otherwise dispose of." 15 u.s.c. 78c(a)(14). clearly, occidental "disposed" of its old kern shares through the old kern ..... an exempted security) within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... an exempted security) within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in .....

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Apr 24 1973 (FN)

Mourning Vs. Family Publications Svc., Inc.

Court : US Supreme Court

Decided on : Apr-24-1973

..... sale of property or services, either for present or future delivery, under which part or all of the price is payable subsequent to the making of such sale or contract; . . . any contract or arrangement for the hire, bailment, or leasing of property. . . ." s. 1740, 87th cong., 1st sess.; s. 5, 90th cong., 1st sess. (as introduced jan. 11, 1967). ..... in advance for each magazine, respondent might have extended credit. petitioner did not obtain a loan from respondent which she would be unconditionally obligated to repay. she entered into a contract imposing continuing, mutually dependent obligations on both parties. [ footnote 3/6 ] page 411 u. s. 388 whether respondent advanced any part of the subscription price to magazine ..... that no factual question remained undecided. section 121 of the truth in lending act requires merchants who regularly extend credit, with attendant finance charges, [ footnote 7 ] to disclose certain contract information "to each person to whom consumer credit is extended and upon whom a finance charge is or may be imposed." [ footnote 8 ] among other relevant facts, the ..... footnote 4 ]" respondent admitted sending each of the above letters to petitioner. [ footnote 5 ] in addition, respondent submitted one affidavit to the district court, describing the nature of the contracts which it offered to its clients. the affidavit stated that a customer who ordered magazine subscriptions from respondent was required to pay for all magazines during the first half of .....

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Apr 18 1973 (FN)

Employees Vs. Missouri Pub. Health Dept.

Court : US Supreme Court

Decided on : Apr-18-1973

..... clause is an enumerated power whose effective enforcement required surrender of immunity to empower congress, when necessary, to subject the states to suit. the contract clause, on the other hand, is not an enumerated power, and thus not among the "supreme federal powers." it is simply a prohibition self ..... to the national government, such as the commerce power, there was no surrender in respect to self-imposed prohibitions, as in the case of the contract clause. in other words, my brother marshall's "supreme federal powers" are only the enumerated powers whose effective exercise required surrender of the protection ..... would seem to compel the conclusion that the states had also pro tanto surrendered their common law immunity with respect to any claim under the contract clause." that conclusion is not compelled. my brother marshall's argument implies that hans, if not read as holding that art. iii created a ..... v. louisiana, supra. as already indicated, there, the private party attempted to sue his own state in federal court on the basis of the contract clause, not on the basis of a congressionally created cause of action. the court concluded that the state was immune from such a suit in ..... court action was brought against a state by one of its citizens who claimed that it had unconstitutionally repudiated certain debt obligations in violation of the contract clause of art. i, 10. mr. justice bradley, speaking for the court, observed that the suit was "an attempt to strain the constitution .....

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Mar 21 1973 (FN)

San Antonio Indep. Sch. Dist. Vs. Rodriguez

Court : US Supreme Court

Decided on : Mar-21-1973

san antonio indep. sch. dist. v. rodriguez - 411 u.s. 1 (1973) u.s. supreme court san antonio indep. sch. dist. v. rodriguez, 411 u.s. 1 (1973) san antonio independent school district v. rodriguez no. 71-1332 argued october 12, 1972 decided march 21, 1973 411 u.s. 1 appeal from the united states district court for the western district of texas syllabus the financing of public elementary and secondary schools in texas is a product of state and local participation. almost half of the revenues are derived from a largely state-funded program designed to provide a basic minimum educational offering in every school. each district supplements state aid through an ad valorem tax on property within its jurisdiction. appellees brought this class action on behalf of school children said to be members of poor families who reside in school districts having a low property tax base, making the claim that the texas system's reliance on local property taxation favors the more affluent and violates equal protection requirements because of substantial inter-district disparities in per-pupil expenditures resulting primarily from differences in the value of assessable property among the districts. the district court, finding that wealth is a "suspect" classification and that education is a "fundamental" right, concluded that the system could be upheld only upon a showing, which appellants failed to make, that there was a compelling state interest for the system. the court also concluded that .....

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Dec 05 1973 (FN)

Falk Vs. Brennan

Court : US Supreme Court

Decided on : Dec-05-1973

..... canceling leases; collecting rents; instituting, prosecuting, and settling all legal proceedings for eviction, possession of the premises, and unpaid rent; making necessary repairs and alterations; negotiating contracts for essential utilities and other services; purchasing supplies; paying bills; preparing operating budgets for the property owners' review and approval; submitting periodic reports to the owners; and ..... available apartments, interview prospective tenants, and negotiate and renew leases on behalf of the apartment building owner. second, d & f operates and maintains apartment buildings. by contract with the building owner, d & f agrees to collect rent; initiate, prosecute, and settle all legal proceedings for eviction, possession of the premises, and unpaid rent ..... ; make repairs and alterations; negotiate contracts for utilities and other necessary services; purchase supplies; page 414 u. s. 208 pay all bills, including mortgage payments; prepare an operating budget for the building owner ..... for its professional management services on a cost plus commission basis. it employed maintenance workers and purchased materials necessary for the operation and maintenance of the apartment buildings. by contract, the building owner agreed to reimburse d & f for these operation and maintenance costs, [ footnote 2/7 ] and, in addition, to pay d & f .....

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Dec 04 1973 (FN)

Merrill Lynch, Pierce, Fenner and Smith, Inc. Vs. Ware

Court : US Supreme Court

Decided on : Dec-04-1973

..... under 16600; that the agreement's provision that new york law was to apply "must not be allowed to defeat" the policy of 16600; that, however, the entire contract was not necessarily unlawful; and that a "latent question exists as to whether the agreements of the parties may be construed as applying only to such permissible subjects of restraint ..... lawful business foreclosed the application of the more permissive new york law to the forfeiture provision of the profit-sharing plan. although california public policy thus served to nullify the contract's forfeiture provision, arbitration, nonetheless, was not precluded. by way of contrast, the present case provoked a claim under 229, in addition to ware's reliance on 16600, ..... complaint, the parties appear to agree that the suit rested principally on 16600 of the california business and professions code. this reads: "except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." in its answer, merrill lynch alleged that the ..... s benefits. respondent sought a declaratory judgment in a california state court that the forfeiture clause was unlawful under 16600 of the california business and professions code, which invalidates every contract restraining a person from engaging in a lawful business. petitioner answered, inter alia, that a condition of respondent's employment with petitioner was approval by the new york stock .....

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Jun 18 1973 (FN)

United States Vs. Little Lake Misere Land Co., Inc.

Court : US Supreme Court

Decided on : Jun-18-1973

..... rfc v. beaver county, 328 u. s. 204 (1946); board of county comn'rs v. united states, 308 u.s. at 308 u. s. 351 -352; royal indemnity co. v. united states, 313 u. s. 289 , 313 u. s. 296 (1941); united states v. yazell, 382 u. s. 341 , 382 u. s. 356 ..... court that state law governs real property transactions. what for my brother stewart, however, is a "textbook example" of a violation of the obligation of contracts clause, is, for me, something more difficult. the scope of this clause has been restricted by past decisions of the court such as home building ..... time to time." [ footnote 15 ] a congress solicitous of the interests of private vendors page 412 u. s. 599 in the certainty of contract would hardly condone state modification of the contractual terms specified by the united states itself as vendee, whether or not those terms may be characterized as ..... retroactive imprescriptibility, a rule that is plainly hostile to the interests of the united states. as applied to a consummated land transaction under a contract which specifically defined conditions for prolonging the vendor's mineral reservation retroactive application of act 315 to the united states deprives it of bargained-for ..... relied upon louisiana act 315 of 1940, la.rev.stat. 9:5806a (supp. 1973), which provides: "when land is acquired by conventional deed or contract, condemnation or expropriation proceedings by the united states of america, or any of its subdivisions or agencies from any person, firm or corporation, and by .....

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Jun 18 1973 (FN)

United States Vs. Scrap

Court : US Supreme Court

Decided on : Jun-18-1973

united states v. scrap - 412 u.s. 669 (1973) u.s. supreme court united states v. scrap, 412 u.s. 669 (1973) united states v. students challenging regulatory agency procedures (scrap) no. 72-535 argued february 28, 1973 decided june 18, 1973 * 412 u.s. 669 appeal from the united states district court for the district of columbia syllabus the interstate commerce act permits railroads to file proposed freight rate increases, with at least 30 days' notice to the interstate commerce commission (icc) and the public before putting the new rates into effect. the icc may, pursuant to 15(7) of the act, suspend the operation of the proposed rates for as long as seven months, in order to investigate the lawfulness of the rates. at the end of the seven-month period, the carrier may put the suspended rates into effect unless the icc has completed its investigation and found the rates unlawful. proceeding under the statutory scheme, substantially all the nation's railroads sought a 2.5% surcharge on nearly all freight rates, as an emergency measure to obtain increased revenues pending adoption of selective rate increases on a permanent basis. shippers, competing carriers, and other interested persons requested the icc to suspend the tariff for the statutory seven-month period. various environmental groups, including students challenging regulatory agency procedures (scrap) and the environmental defense fund, appellees here, protested that failure to suspend the surcharge would cause their .....

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