Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1984 Page 1 of about 97 results (0.086 seconds)

Jun 11 1984 (FN)

Mich. C. and F. Assn. Vs. Agric. M. and B. Bd.

Court : US Supreme Court

Decided on : Jun-11-1984

..... for processing or sale; or (2) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (3) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; ..... . at 7449-7450. finally, highlighting its intent to prohibit coerced affiliation with associations, the house amended the definition of the term "handler" to include any association "contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers." id. at 7465, 7469 (emphasis added). [ footnote 19 ] page ..... , current market information, and projections on production during the current market periods. the board shall exclude from that quantity any quantity of the agricultural commodity contracted by producers with producer owned and controlled processing cooperatives and any quantity produced by handlers. an association whose main purpose is bargaining but which processes a ..... commodity, regardless of whether they have chosen to become members of the association, must pay a service fee to the association, and must abide by the contracts the association negotiates with processors. the michigan agricultural cooperative marketing association (macma), a producers' association accredited under the michigan act, is the sole sales and bargaining .....

Tag this Judgment!

Jun 05 1984 (FN)

Alcoa Vs. Clp Utility Dist.

Court : US Supreme Court

Decided on : Jun-05-1984

..... legislative history of the act, however, the administrator concluded that the terms of the power sales were not to be the same as they had been under the 1975 contracts. the 1975 contracts provided that a portion (the "top quartile") of the power supplied to dsis could be interrupted "at any time." this provision made the top quartile of dsi ..... upon his interpretation of the statute and its legislative history, concluded that terms of the power sales need not be the same as they had been under the 1975 contracts. those contracts had provided that a portion of the power supplied to dsis could be interrupted "at any time," thus making that portion subject to the preference provisions of the project ..... they do arbitrage the nonfirm bpa power. [ footnote 8 ] the house interior and insular affairs committee report, for example, expressly stated that the second quartile under the new contracts "will provide a planning reserve to protect the administrator's firm loads against the delayed completion or unexpectedly poor performance of regional generating resources or conservation measures implemented or acquired ..... to respondents' argument, does not preclude curtailing the situations in which power can be interrupted. nor is there any merit to respondents' argument that the terms of the new contracts conflict with 5(a) of the regional act. while that section preserves the priority and preference provisions of the project act, that preference system merely determines the priority of different .....

Tag this Judgment!

Apr 18 1984 (FN)

Schneider Moving and Storage Vs. Robbins

Court : US Supreme Court

Decided on : Apr-18-1984

..... , writing for the majority, refused to employ the general rule of construction urged by the promisor because the collective bargaining agreement at issue "[was] not a typical third-party beneficiary contract," and the circumstances surrounding the agreement counseled against the general inference. id. at 361 u. s. 468 -469. we adopt the same approach here, and decline to adopt ..... cf. republic steel corp. v. maddox, 379 u. s. 650 (1965) (exhaustion of contract grievance procedure generally is a predicate to suits seeking to enforce collective bargaining agreements under 301 of the lmra). petitioners' responses to respondents' claims differed in some minor respects. the ..... pension plan amendments act of 1980 (mppaa), 29 u.s.c. 1145. [ footnote 2 ] section 301(a) of the lmra provides a federal forum for suits to enforce labor contracts, including pension and welfare fund agreements. section 502 of erisa also provides a federal forum for enforcement of the various duties imposed by such trust fund agreements. [ footnote 3 ] ..... footnote 4 ] 464 u.s. 813 (1983). we now affirm. page 466 u. s. 368 ii as resolved by the court of appeals, these cases present a narrow question of contract interpretation. the en banc court considered only whether the parties to the collective bargaining agreements and the trust agreements intended to require the arbitration of disputes between the trustees and .....

Tag this Judgment!

Feb 22 1984 (FN)

South Carolina Vs. Regan

Court : US Supreme Court

Decided on : Feb-22-1984

..... that one operating under a government contract or lease is subjected to a tax with respect to his profits on the same basis as others who are engaged in similar businesses, there is no sufficient ground for ..... from property leased from a state. "[i]mmunity from nondiscriminatory taxation sought by a private person for his property or gains because he is engaged in operations under a government contract or lease cannot be supported by merely theoretical conceptions of interference with the functions of government. regard must be had to substance and direct effects. and where it merely appears ..... 558 (1946), was decided during the same term. there, land owned by the united states was occupied by s. r. a., which had bought the land under a conditional sales contract that left title in the united states pending full payment of the purchase price. nevertheless, the court held that state property taxes could be assessed against the land, since, in ..... abstract tax controversies. see, e.g., investment annuity, inc. v. blumenthal, 197 u.s.app.d.c. 235, 609 f.2d 1 (1979) (insurers seeking declaration that certain investment annuity contracts are eligible for favorable tax treatment); educo, inc. v. alexander, 557 f.2d 617 (ca7 1977) (company engaged in designing and administering educational benefit plans for corporate employees sues to .....

Tag this Judgment!

Feb 22 1984 (FN)

Nlrb Vs. Bildisco and Bildisco

Court : US Supreme Court

Decided on : Feb-22-1984

..... time it is proposed to make such termination or modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and simultaneously ..... to the time it is proposed to make such termination or modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute . . . ; and" ..... beneficial recapitalization could be jeopardized if the debtor-in-possession were saddled automatically with the debtor's prior collective bargaining agreement. thus, the authority to reject an executory contract is vital to the basic purpose of a chapter 11 reorganization, because rejection can release the debtor's estate from burdensome obligations that can impede a successful reorganization. ..... the consequent "law of the shop" that it creates, a somewhat stricter standard than the "business judgment" standard applied to authorize rejection of an ordinary executory contract should govern the bankruptcy court's decision to allow rejection of a collective bargaining agreement. but a standard that would require respondent to demonstrate that its reorganization will fail .....

Tag this Judgment!

Jan 23 1984 (FN)

Southland Corp. Vs. Keating

Court : US Supreme Court

Decided on : Jan-23-1984

..... or relating to the agreement or breach thereof. several of the appellees filed individual actions against appellant in california superior court, alleging fraud, misrepresentation, breach of contract, breach of fiduciary duty, and violation of the disclosure requirements of the california franchise investment law. these actions were consolidated with a subsequent class action filed ..... between september, 1975, and january, 1977, several appellees filed individual actions against southland in california superior court alleging, among other things, fraud, oral misrepresentation, breach of contract, breach of fiduciary duty, and violation of the disclosure requirements of the california franchise investment law, cal.corp.code ann. 31000 et seq. (west 1977). southland's ..... conflict with the federal act, and thus violate the supremacy clause. in the california supreme court, southland argued that california law applied, but that neither the contract to arbitrate nor state law authorized class action procedures to govern arbitrations. southland also contended that the federal rules were inapplicable in state proceedings. southland pointed ..... but precise effect to the original congressional intent -- it recognized that, notwithstanding the intervention of erie, the faa's restrictive focus on maritime and interstate contracts permits its application in federal diversity courts. today's decision, in contrast, glosses over both the careful crafting of prima paint and the historical reasons that .....

Tag this Judgment!

Jun 19 1984 (FN)

Copperweld Vs. Independence Tube

Court : US Supreme Court

Decided on : Jun-19-1984

..... foreign commerce was brought about could save such restraint from condemnation. the statute under this view evidenced the intent not to restrain the right to make and enforce contracts, whether resulting from combination or otherwise, which did not unduly restrain interstate or foreign commerce, but to protect that commerce from being restrained by methods, whether old ..... any postacquisition conduct violated the act. [ footnote 6 ] when discussing the fact that some of the affiliated chicago operating companies did not compete to obtain exclusive transportation contracts held by another of the affiliated companies, the court stated: "[t]he fact that the competition restrained is that between affiliated corporations cannot serve to negative the statutory ..... the combined market power of those same two firms. because the sherman act does not prohibit unreasonable restraints of trade as such -- but only restraints effected by a contract, combination, or conspiracy -- it leaves untouched a single firm's anticompetitive conduct (short of threatened monopolization) that may be indistinguishable in economic effect from the conduct ..... is sufficient to warrant scrutiny even in the absence of incipient monopoly. b the distinction between unilateral and concerted conduct is necessary for a proper understanding of the terms "contract, combination . . . or conspiracy" in 1. nothing in the literal meaning of those terms excludes coordinated conduct among officers or employees of the same company. but .....

Tag this Judgment!

Jun 12 1984 (FN)

Firefighters Vs. Stotts

Court : US Supreme Court

Decided on : Jun-12-1984

..... punished for contempt if it had disregarded the preliminary injunction, regardless of whether the injunction on appeal were found erroneous, it seems unlikely that a defense to a breach of contract would turn on whether the preliminary injunction is upheld on appeal as opposed to the city's obligation to obey the injunction when entered. [ footnote 4/6 ] the court ..... is because it has no enforceable rights. i am at somewhat of a loss trying to understand the court's suggestion that the district court's preliminary injunction somehow prevented contract liability from arising between the city and the affected white employees. as is explained more fully infra, the preliminary injunction did not require the city to lay off anyone. ..... blacks employed in the fire department. furthermore, both the district court and the court of appeals, for different reasons, held that the seniority provisions of the city's collective bargaining contract must be disregarded for the purpose of achieving the mandated result. these rulings remain undisturbed, and we see no indication that respondents concede, in urging mootness, that these rulings ..... it will decrease the percentage of black" employees in specified classifications in the department. the seniority policy was the policy adopted by the city and contained in the collective bargaining contract with the union. the injunction was affirmed by the court of appeals, and has never been vacated. it would appear from its terms that the injunction is still in .....

Tag this Judgment!

May 22 1984 (FN)

South-central Timber Vs. Wunnicke

Court : US Supreme Court

Decided on : May-22-1984

..... of the parties' direct commercial obligations, rather than during the course of an ongoing commercial relationship in which the city retained a continuing proprietary interest in the subject of the contract. [ footnote 11 ] in sum, the state may not avail itself of the market participant doctrine to immunize its downstream regulation of the timber processing market in which it ..... burdens on commerce within the market in which it is a participant, but allows it to go no further. the state may not impose conditions, whether by statute, regulation, or contract, that have a substantial regulatory effect outside of that particular market. [ footnote 10 ] unless the page 467 u. s. 98 "market" is relatively narrowly defined, the doctrine has ..... sale all provided, pursuant to 11 alaska admin. code 76.130 (1974), that "[p]rimary manufacture within the state of alaska will be required as a special provision of the contract." [ footnote 1 ] app. 35a. under the primary manufacture requirement, the successful bidder must partially process the timber prior to shipping it outside of the state. [ footnote 2 ] the ..... for the ninth circuit syllabus pursuant to an alaska statute, the alaska department of natural resources published a notice that it would sell certain timber from state lands under a contract requiring "primary manufacture" (partial processing) of the timber within alaska before the successful bidder could ship it outside of the state. petitioner, an alaska corporation engaged in the .....

Tag this Judgment!

Apr 17 1984 (FN)

Twa Vs. FranklIn Mint Corp.

Court : US Supreme Court

Decided on : Apr-17-1984

..... circulation which constitutes the amount which is payable. . . ." id. at 366-367 (emphasis supplied). [to construe the bonds otherwise], in substance, would eliminate the word "gold" from the bonds. the contract of the parties cannot be treated in such a manner. when the brazilian government promised to pay "gold francs," the reference to a well-known standard of value cannot be ..... respect to treaties that they shall be liberally construed so as to carry out the apparent intention of the parties to secure equality and reciprocity between them. as they are contracts between independent nations, in their construction, words are to be taken in their ordinary meaning, as understood in the public law of nations and not in any artificial or ..... especially as against a construction that is not interpretation, but perversion. . . ." the five per cent. discount cases, 243 u. s. 97 , 243 u. s. 106 (1917). international agreements, like "other contracts, . . . are to be read in the light of the conditions and circumstances existing at the time they were entered into, with a view to effecting the objects and purposes of ..... 466 u. s. 262 actually selected by the convention itself. thus, instead of enforcing the convention's liability limitation, the court has rewritten it. i a treaty is essentially a contract between or among sovereign nations. see washington v. washington commercial passenger fishing vessel assn., 443 u. s. 658 , 443 u. s. 675 (1979). general rules of construction apply to .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //