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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1973 Page 5 of about 69 results (0.236 seconds)

Feb 28 1973 (FN)

Braden Vs. 30th Judicial Circuit Court of Kentucky

Court : US Supreme Court

Decided on : Feb-28-1973

..... license. prior to trial on that indictment, he petitioned in federal court for a writ of habeas corpus, contending that the statute upon which the indictment was predicated violated the contract clause, insofar as it was applied to owners of coupons. in holding that the (then) circuit court had the power to issue the writ, but had properly exercised its discretion .....

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Feb 27 1973 (FN)

United States Vs. Basye

Court : US Supreme Court

Decided on : Feb-27-1973

..... view that permanente never had a right to receive the payments, the court of appeals stated: "when the transaction is viewed in this light, the partnership becomes a mere agent contracting on behalf of its members for payments to the trust for their ultimate benefit, rather than a principal which itself realizes taxable income." id. at 115 (emphasis supplied). [ ..... the years in question here. any reference to respondents in this opinion, however, refers only to the partner physicians. [ footnote 2 ] the pertinent portion of the kaiser-permanente medical service contract states: " article h" " base compensation to medical group " "as base compensation to [permanente] for medical services to be provided by [permanente] hereunder, [kaiser] shall pay to [permanente] the ..... taxing act. there is no doubt that the statute could tax salaries to those who earned them and provide that the tax could not be escaped by anticipatory arrangements and contracts, however skilfully devised, to prevent the salary when paid from vesting even for a second in the man who earned it. that seems to us the import of ..... had satisfied each of the requirements for participation, the amount that had accumulated in his tentative account over the years would be applied to the purchase of a retirement income contract. while the program thus provided obvious benefits to permanente's physicians, it also served kaiser's interests. by providing attractive deferred benefits for permanente's staff of professionals, the .....

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Feb 21 1973 (FN)

Mahan Vs. Howell

Court : US Supreme Court

Decided on : Feb-21-1973

mahan v. howell - 410 u.s. 315 (1973) u.s. supreme court mahan v. howell, 410 u.s. 315 (1973) mahan v. howell no. 71-364 argued december 12, 1972 decided february 21, 1973 * 410 u.s. 315 appeal from the united states district court for the eastern district of virginia syllabus the virginia general assembly in 1971 reapportioned the state for the election of state delegates and senators. the apportionment statutes, on challenge by appellees, were invalidated by a three-judge district court, which ruled the reapportionments impermissible violations of the "one person, one vote" principle. the court substituted its own electoral districts, reducing to about 10% the percentage variation from the ideal district from the approximately 16% variation permitted by the legislature's plan but, contrary to that plan, in many instances not following political subdivision lines. held: 1. reapportionment of electoral districts for virginia's house of delegates complied with the equal protection clause of the fourteenth amendment, since the legislature's maximum population percentage variation, which was not excessive, resulted from the state's rational objective of preserving the integrity of political subdivision lines. pp. 410 u. s. 320 -330. (a) in the implementation of the basic constitutional principle that both houses of a bicameral state legislature be apportioned substantially on a population basis ( reynolds v. sims, 377 u. s. 533 ), more flexibility is permissible with respect to .....

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Jan 16 1973 (FN)

Almota Farmers Elev. and Whse. Co. Vs. United States

Court : US Supreme Court

Decided on : Jan-16-1973

..... permanent improvements that had a useful life in excess of the remaining lease term. with 7 1/2 years to run on the then-current lease term, the united states contracted to acquire the underlying fee and began condemnation proceedings for the leasehold. the court of appeals reversed the district court's ruling that just compensation required that the improvements be ..... government nor location adjacent to public property contributed any element of value to almota's leasehold interest. [ footnote 4 ] it was established at oral argument that, while the government had contracted to acquire the railroad's interest, it had not acquired the fee at the time of the taking of the leasehold, nor did it have possession at the time of .....

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Jan 10 1973 (FN)

Bronston Vs. United States

Court : US Supreme Court

Decided on : Jan-10-1973

bronston v. united states - 409 u.s. 352 (1973) u.s. supreme court bronston v. united states, 409 u.s. 352 (1973) bronston v. united states no. 71-1011 argued november 15, 1972 decided january 10, 1973 409 u.s. 352 certiorari to the united states court of appeals for the second circuit syllabus federal perjury statute, 18 u.s.c. 1621, does not reach a witness' answer that is literally true, but unresponsive, even assuming the witness intends to mislead his questioner by the answer, and even assuming the answer is arguably "false by negative implication." a perjury prosecution is not, in our adversary system, the primary safeguard against errant testimony; given the incongruity of an unresponsive answer, it is the questioner's burden to frame his interrogation acutely to elicit the precise information he seeks. pp. 409 u. s. 357 -362. 453 f.2d 555, reversed. burger, c.j., delivered the opinion for a unanimous court. mr. chief justice burger delivered the opinion of the court. we granted the writ in this case to consider a narrow but important question in the application of the federal perjury statute, 18 u.s.c. 1621: [ footnote 1 ] whether a witness page 409 u. s. 353 may be convicted of perjury for an answer, under oath, that is literally true but not responsive to the question asked and arguably misleading by negative implication. petitioner is the sole owner of samuel bronston productions, inc., a company that, between 1958 and 1964, produced motion pictures in various .....

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Jan 10 1973 (FN)

District of Columbia Vs. Carter

Court : US Supreme Court

Decided on : Jan-10-1973

district of columbia v. carter - 409 u.s. 418 (1973) u.s. supreme court district of columbia v. carter, 409 u.s. 418 (1973) district of columbia v. carter no. 71-564 argued november 6, 1972 decided january 10, 1973 409 u.s. 418 certiorari to the united states court of appeals for the district of columbia circuit syllabus the district of columbia is not a "state or territory" within the meaning of 42 u.s.c. 1983, and the court of appeals therefore erred insofar as that court sustained respondent's claims for deprivation of civil rights pursuant to that statute. pp. 409 u. s. 420 -433. 144 u.s.app.d.c. 388, 447 f.2d 358, reversed. brennan, j., delivered the opinion for a unanimous court. mr. justice brennan delivered the opinion of the court. on february 12, 1969, respondent filed this civil action in the united states district court for the district of columbia alleging that, in 1968, police officer john r. carlson of the metropolitan police department of the district of columbia arrested him without probable cause and, while he was being held by two other officers, beat him with brass knuckles. the complaint alleged further that carlson's precinct captain, the chief of police, and the district of columbia each had negligently failed to train, instruct, supervise, and control carlson with regard to the circumstances in which an arrest may be made and the extent to which various degrees of force may be used to effect an arrest. respondent sought damages against each defendant .....

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Jan 10 1973 (FN)

United States Vs. Kras

Court : US Supreme Court

Decided on : Jan-10-1973

..... to find a due process violation in boddie; rather, the significant factor about marriage was that, "[w]ithout a prior judicial imprimatur, individuals may freely enter into and rescind commercial contracts, for example, but we are unaware of any jurisdiction where private citizens may covenant for or dissolve marriages without state approval." id. at 401 u. s. 376 . it is the ..... the courts. . . ." id. at 401 u. s. 372 -373. [ footnote 3/6 ] page 409 u. s. 455 similarly, the debtor, like the married plaintiffs in boddie, originally entered into his contract freely and voluntarily. but it is the government nevertheless that continues to enforce that obligation, and, under our "legal system," that debt is effective only because the judicial machinery is ..... court access and court remedy, as has been noted, was a potent factor in boddie. but "[w]ithout a prior judicial imprimatur, individuals may freely enter into and rescind commercial contracts. . . ." 401 u.s. at 401 u. s. 376 . however unrealistic the remedy may be in a particular situation, a debtor, in theory, and often in actuality, may adjust his debts .....

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Jan 09 1973 (FN)

Couch Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1973

couch v. united states - 409 u.s. 322 (1973) u.s. supreme court couch v. united states, 409 u.s. 322 (1973) couch v. united states no. 71-889 argued november 14, 1972 decided january 9, 1973 409 u.s. 322 certiorari to the: united states court of appeals for the fourth circuit syllabus petitioner challenges an internal revenue service (irs) summons directing an accountant, an independent contractor with numerous clients, to produce business records that she had been giving to him for preparation of her tax returns from 1955 to 1968, when the summons was issued. the district court and the court of appeals concluded that the privilege against self-incrimination asserted by petitioner was not available. held: on the facts of this case, where petitioner had effectively surrendered possession of the records to the accountant, there was no personal compulsion against petitioner to produce the records. the fifth amendment therefore constitutes no bar to their production by the accountant, even though the irs tax investigation may entail possible criminal, as well as civil, consequences. nor does petitioner, who was aware that much of the information in the records had to be disclosed in her tax returns, have any legitimate expectation of privacy that would bar production under either the fourth or fifth amendment. pp. 409 u. s. 327 -336. 449 f 2d 141, affirmed. powell, j., delivered the opinion of the court, in which burger, c.j., and brennan, stewart, white, blackmun, and rehnquist .....

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Nov 19 1973 (FN)

Hess Vs. Indiana

Court : US Supreme Court

Decided on : Nov-19-1973

hess v. indiana - 414 u.s. 105 (1973) u.s. supreme court hess v. indiana, 414 u.s. 105 (1973) hess v. indiana no. 73-5290 decided november 19, 1973 414 u.s. 105 appeal from the supreme court of indiana syllabus appellant, who was arrested during an anti-war demonstration on a college campus for loudly stating, "we'll take the fucking street later (or again)," was subsequently convicted for violating the indiana disorderly conduct statute. the state supreme court affirmed, relying primarily on the trial court's finding that the statement "was intended to incite further lawless action on the part of the crowd in the vicinity of appellant, and was likely to produce such action." held: appellant's language did not fall within any of the "narrowly limited classes of speech" that the states may punish without violating the first and fourteenth amendments, and, since the evidence showed that the words he used were not directed to any person or group and there was no evidence that they were intended and likely to produce imminent disorder, application of the statute to appellant violated his rights of free speech. brandenburg v. ohio, 395 u. s. 444 . see also terminiello v. chicago, 337 u. s. 1 , 337 u. s. 4 . ___ ind. ___, 297 n.e.2d 413, reversed. per curiam. gregory hess appeals from his conviction in the indiana courts for violating the state's disorderly conduct statute. [ footnote 1 ] appellant contends that his conviction should be reversed because the statute is .....

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Jun 25 1973 (FN)

Committee for Public Education Vs. Nyquist

Court : US Supreme Court

Decided on : Jun-25-1973

..... trust and treaty funds for the educational benefit of the members of the sioux indian tribe. when some beneficiaries elected to attend religious schools, and the government entered into payment contracts with the sectarian institutions, suit was brought to enjoin the disbursement of public money to those schools. speaking of the constitutionality of such a program, the court said: "but we .....

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