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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1980 Page 1 of about 87 results (0.052 seconds)

May 19 1980 (FN)

Andrus Vs. Utah

Court : US Supreme Court

Decided on : May-19-1980

..... it would have had had it actually received all of the granted sections in place. [ footnote 10 ] thus, as is typical of private contract remedies, the purpose of the right to make indemnity selections was to give the state the benefit of the bargain. the history of the general statutes relating to land grants for school purposes confirms this ..... the language of the taylor grazing act. third, the court assumes -- without discussion -- that the taylor grazing act gives the secretary of the interior discretion to reject indemnity selections under standards inconsistent with the criteria set out in the statutes authorizing the selections. every federal court that has considered the secretary's authority under the taylor grazing act ..... designated sections had already "been sold or otherwise disposed of" pursuant to another act of congress, "other lands equivalent thereto . . . are hereby granted." the substitute grants, denominated "indemnity lands," were "to be selected within the state in such manner as [its] legislature may provide with the approval of the secretary of the interior." [ footnote 1 ] because much of ..... were frustrated by federal preemption or private entry prior to being surveyed. in so acting, the secretary followed the policy that, in the exercise of his discretion under 7, indemnity applications involving grossly disparate values would be refused. utah filed suit in federal district court, which, upon stipulated facts, entered summary judgment for the state. the court of .....

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May 08 1980 (SC)

Union of India (Uoi) and ors. Vs. C. Damani and Co. and ors.

Court : Supreme Court of India

Decided on : May-08-1980

Reported in : AIR1980SC1149; 1980Supp(1)SCC707; 1980(12)LC706(SC)

..... the export of which he legitimately expected a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.21. this takes us to the circumstances which were high lighted by shri diwan and countered by shri watal. the central government was somewhat neutral ..... relieve the indigenous supplier from the obligation to indemnily, having regard to the fact that the stand of the government of india was that the foreign contract was frustrated and the obligation for indemnity in the indian contract was consequently absolved and the stc was itself a state instrumentality of the central government and was subject 10 its statutory directives. more than all ..... conformity with the ad interim order, to consider whether, in equity, we should give a 'direction that if the foreign buyer damages for breach of contracts from stc should at all be permitted to enforce indemnity given by the intending exporters.'26. indeed, there is an express indication in the order that this question of equity will be decided at the time ..... , the case of the stc itself has been that the foreign contract is frustrated and, in that view, it is inequitable to keep the indemnity clause in the indian contract alive, thus holding over his head the democles sword of an uncertain litigation abroad and its chancy consequences.19. there is much .....

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Jan 21 1980 (FN)

Hatzlachh Supply Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jan-21-1980

..... compensation to injured servicemen, which we understood congress intended to be the sole remedy for service-connected injuries, we declined to construe the tort claims act to permit third-party indemnity suits that in effect would expose the government to greater liability than that contemplated under the statutory compensation scheme. in stencel, congress had provided a remedy, which we thought ..... anything else page 444 u. s. 464 called to our attention, indicates that the tort claims act withdrew to any extent existing remedies for the breach of express or implied contracts. others have read the statute and its legislative history to this effect. see 2 l. jayson, personal injury: handling federal tort claims 256 (1979); gellhorn & schenck, tort actions ..... such as the tucker act, which invests the court of claims with jurisdiction to render judgment "upon any claim against the united states founded . . . upon any express or implied contract with the united states." neither does 2680(c)'s legislative history support the view that it was intended to declare the immunity of the united states from express or implied ..... federal tort claims act (ftca) any claim arising in respect of the detention of merchandise by any customs officer, does not foreclose a remedy on an implied-in-fact contract of bailment. although the section excludes certain claims from the statutory waiver of immunity from tort liability, it does not limit or otherwise affect immunity waivers contained in other statutes .....

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Mar 18 1980 (FN)

Chiarella Vs. United States

Court : US Supreme Court

Decided on : Mar-18-1980

chiarella v. united states - 445 u.s. 222 (1980) u.s. supreme court chiarella v. united states, 445 u.s. 222 (1980) chiarella v. united states no. 78-1202 argued november 5, 1979 decided march 18, 1980 445 u.s. 222 certiorari to the united states court of appeals for the second circuit syllabus section 10(b) of the securities exchange act of 1934 prohibits the use "in connection with the purchase or sale of any security . . . [of] any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the [securities and exchange] commission may prescribe." rule 10b-5 of the securities and exchange commission (sec), promulgated under 10(b), makes it unlawful for any person to "employ any device, scheme, or artifice to defraud," or to "engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." petitioner, who was employed by a financial printer that had been engaged by certain corporations to print corporate takeover bids, deduced the names of the target companies from information contained in documents delivered to the printer by the acquiring companies and, without disclosing his knowledge, purchased stock in the target companies and sold the shares immediately after the takeover attempts were made public. after the sec began an investigation of his trading activities, petitioner entered into a consent decree with the sec in .....

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Jul 02 1980 (FN)

Fullilove Vs. Klutznick

Court : US Supreme Court

Decided on : Jul-02-1980

..... , could perpetuate the effects of prior discrimination. accordingly, congress reasonably determined that the prospective elimination of these barriers to minority firm access to public contracting opportunities generated by the 1977 act was appropriate to ensure that those businesses were not denied equal opportunity to participate in federal grants to state and ..... footnote 51 ] the page 448 u. s. 467 civil rights commission report discussed at some length the barriers encountered by minority businesses in gaining access to government contracting opportunities at the federal, state, and local levels. [ footnote 52 ] among the major difficulties confronting minority businesses were deficiencies in working capital, inability to meet ..... footnote 48 ]" the 1975 report gave particular attention to the 8(a) program, expressing disappointment with its limited effectiveness. [ footnote 49 ] with specific reference to government construction contracting, the report concluded, "there are substantial 8(a) opportunities in the area of federal construction, but . . . the practices of some agencies preclude the realization of this ..... legislation may be potentially inequitable to minority businesses and workers" in that it would perpetuate the historic practices that have precluded minority businesses from effective participation in public contracting opportunities. [ footnote 32 ] the amendment was accepted by the house. [ footnote 33 ] two weeks later, the senate considered s. 427, its package .....

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Jul 02 1980 (FN)

indus. Union Dept. Vs. Amer. Petroleum Inst.

Court : US Supreme Court

Decided on : Jul-02-1980

..... secretary could reasonably reject them on the basis of the evidence in the record. for example: (1) the witness appeared to assume that, in previous tests, leukemia had been contracted after a lifetime of exposure; the evidence afforded no basis for that assumption, and the duration of exposure may have been quite short for particular employees. if the duration period ..... , 54165-54167 (1977). industry witnesses challenged this theory, arguing that the presence of several different defense mechanisms in the human body make it unlikely that a person would actually contract cancer as a result of absorbing one carcinogenic molecule. thus, the molecule might be detoxified before reaching a critical site, damage to a dna molecule might be repaired, or a ..... a number of epidemiological studies were also done among american rubber workers during this period. dr. a. j. mcmichael's studies indicated a nine-fold increase in the risk of contracting leukemia among workers who were heavily exposed in the 1940's and 1950's to pure benzene used as a solvent. mcmichael, spirtas, kupper, & gamble, solvent exposure and leukemia ..... 5), coupled with osha's cancer policy. expert testimony that a substance is probably a human carcinogen -- either because it has caused cancer in animals or because individuals have contracted cancer following extremely high exposures -- would justify the conclusion that the substance poses some risk of serious harm, no matter how minute the exposure and no matter how many experts .....

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Jun 16 1980 (FN)

Bryant Vs. Yellen

Court : US Supreme Court

Decided on : Jun-16-1980

..... as the secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction." [ footnote 9 ] in 1942, pursuant to this provision, the district expanded its boundaries to ..... footnote 8 ] section 46 provides in relevant part: "no water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the secretary of the interior shall have been made with an irrigation district or irrigation districts organized under state law providing for payment by the district ..... that the administrative practice under 46 had usually been "to refuse to deliver water to any lands, excess or nonexcess, until the owner of excess land has executed the recordable contract agreeing to dispose of the excess." department of interior, landownership survey on federal reclamation projects 47 (1946). [ footnote 26 ] the united states urges that 6 merely specifies ..... a large acreage was already being irrigated by water delivered by the imperial irrigation district (district) through a privately owned irrigation system. under the project act and a 1932 implementing contract, the united states constructed and the district agreed to pay for a new irrigation system. the project act, which implemented and ratified the seven-state colorado river compact (compact .....

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Dec 15 1980 (FN)

Delaware State Coll. Vs. Ricks

Court : US Supreme Court

Decided on : Dec-15-1980

..... case expressly relied in explaining its action in the june 26 letter. justice stevens, dissenting. the custom widely followed by colleges and universities of offering a l-year terminal contract immediately after making an adverse tenure decision is, in my judgment, analogous to the custom in many other personnel relationships of giving an employee two weeks' advance notice of ..... that the court of appeals' "final day of employment" rule might discourage colleges even from offering a "grace period," such as delaware state's practice of 1-year "terminal" contracts, during which the junior faculty member not offered tenure may seek a teaching position elsewhere. [ footnote 13 ] if september 12 were the critical date, the 1981 claim would be ..... no suggestion has been made that ricks was treated differently from other unsuccessful tenure aspirants. rather, in accord with the college's practice, ricks was offered a 1-year "terminal" contract, with explicit notice that his employment would end upon its expiration. in sum, the only alleged discrimination occurred -- and the filing limitations periods therefore commenced -- at the time ..... to the court of appeals, however, the title vii filing requirement, and the statute of limitations for the 1981 claim, did not commence to run until ricks' "terminal" contract expired on june 30, 1975. the court reasoned: "'[a] terminated employee who is still working should not be required to consult a lawyer or file charges of discrimination against his .....

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Jun 30 1980 (FN)

United States Vs. Sioux Nation of Indians

Court : US Supreme Court

Decided on : Jun-30-1980

..... determination, any statute of limitations, release, or prior acceptance of partial allowance, to hear, determine, and render judgment upon" certain claims against the united states arising out of a construction contract. special act of feb. 27, 1942, 1, 56 stat. 1122. the court was also directed to determine pope's claims and render judgment upon them according to a particular formula ..... congress to direct the court of claims to entertain a claim theretofore barred for any legal reason from recovery -- as, for instance, by the statute of limitations, or because the contract had been drafted to exclude such claims -- was to invoke the use of judicial power, notwithstanding that the task might involve no more than computation of the sum due. . . . after .....

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Jun 27 1980 (FN)

Dawson Chem. Co. Vs. Rohm and Haas Co.

Court : US Supreme Court

Decided on : Jun-27-1980

..... reflect resort to the principles of patent misuse; rather, it betokens a recognition that the patentee, once it had authorized use of the combination, could not manufacture contributory infringement by contract where under the law there was none. perhaps the quintessential difference between the aro decisions and the present case is the difference between the primary-use market for a chemical ..... contracts. the contract is not saved by anything in the patent laws because it relates to the invention. if it were, the mere act of the patentee could make the distinctive claim of ..... sought to be extended is immaterial. . . . when the patentee ties something else to his invention, he acts only by virtue of his right as the owner of property to make contracts concerning it, and not otherwise. he then is subject to all the limitations upon that right which the general law imposes upon such .....

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