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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1987 Page 4 of about 88 results (0.054 seconds)

Apr 06 1987 (FN)

Pennzoil Vs. Texaco, Inc.

Court : US Supreme Court

Decided on : Apr-06-1987

..... a trustee in bankruptcy, in its stead, could not effectively advance the organization's interests on an appeal. moreover, the underlying issues in this case -- arising out of a commercial contract dispute -- do not involve fundamental constitutional rights. see, e.g., henry v. first national bank of clarksdale, 595 f.2d 291, 299-300 (ca5 1979) (bankruptcy of naacp would make ..... state of texas. the court of appeals correctly stated that this "is a suit between two private parties stemming from the defendant's alleged tortious interference with the plaintiff's contract with a third private party." 784 f.2d at 1150. pennzoil was free to waive the bond and lien requirements under texas law, without asking the state of texas for ..... harris county district court, a state court located in houston, texas, the site of pennzoil's corporate headquarters. the complaint alleged that texaco tortiously had induced getty to breach a contract to sell its shares to pennzoil; pennzoil sought actual damages of $7.53 billion and punitive damages in the same amount. on november 19, 1985, a jury returned a verdict ..... , and costs. appellant obtained a jury verdict of $10.53 billion in its texas state court suit alleging that appellee tortiously had induced a third oil company to breach a contract to sell its shares to appellant. because it was clear that appellee would not be able to post a bond in the necessary amount, the verdict had substantial adverse effects .....

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Jan 21 1987 (FN)

int'l Paper Co. Vs. Ouellette

Court : US Supreme Court

Decided on : Jan-21-1987

int'l paper co. v. ouellette - 479 u.s. 481 (1987) u.s. supreme court int'l paper co. v. ouellette, 479 u.s. 481 (1987) international paper co. v. ouellette no. 86-1233 argued november 4, 1986 decided january 21, 1987 479 u.s. 481 certiorari to the udnited states court of appeals for the second circuit syllabus the clean water act (act) prohibits the discharge of effluents into navigable waters unless the point source has obtained a permit from the environmental protection agency (epa). the act also allows the state in which the point source is located (the "source state") to impose more stringent discharge limitations than the federal ones, and even to administer its own permit program if certain requirements are met. in contrast, "affected" states that are subject to pollution originating in source states have only the right to notice and to comment before the issuance of a federal or source state permit. the act also contains a "saving clause" consisting of 510, which provides that "nothing in this chapter shall . . . be construed as impairing . . . any right . . . of the states with respect to the waters (including boundary waters) of such states," and 505(e), which states that "[n]othing in this section shall restrict any right which any person . . . may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief. . . ." petitioner operates a paper mill on the new york side of lake champlain and, in the .....

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Dec 14 1987 (FN)

Mullins Coal Vs. Director, Owc

Court : US Supreme Court

Decided on : Dec-14-1987

mullins coal v. director, owc - 484 u.s. 135 (1987) u.s. supreme court mullins coal v. director, owc, 484 u.s. 135 (1987) mullins coal co., inc. v. director, office of workers' compensation programs, united states department of labor no. 86-327 argued october 14, 1987 decided december 14, 1987 484 u.s. 135 certiorari to the united states court of appeals for the fourth circuit syllabus section 203(a) of the secretary of labor's "interim regulations" governing black lung benefits claims filed between july 1, 1973, and april 1, 1980, provides that a claimant who engaged in coal mine employment for at least 10 years is entitled to an "interim presumption" of eligibility for disability benefits if he meets one of four medical requirements: (1) a chest x-ray "establishes" the presence of pneumoconiosis; (2) ventilatory studies establish the presence of any respiratory or pulmonary disease of a specified severity; (3) blood gas studies demonstrate an impairment in the transfer of oxygen from the lungs to the blood; or (4) other medical evidence, including the documented opinion of a physician exercising reasonable medical judgment, establishes a totally disabling respiratory impairment. section 203(b) provides that "all relevant medical evidence shall be considered" in the adjudication of a claim, and that the interim presumption is rebutted if the evidence establishes (1) that the claimant is doing his usual or comparable work; (2) that he is capable of doing such work; (3) that .....

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Dec 01 1987 (FN)

Langley Vs. Fdic

Court : US Supreme Court

Decided on : Dec-01-1987

..... would constitute only fraud in the inducement, which renders the note voidable but not void. see u.c.c. 3-201(1), 2 u.l.a. 127; restatement (second) of contracts 163, comment c; farnsworth 4.10, at 235-236. the bank therefore had and could transfer to the fdic voidable title, which is enough to constitute "title or interest" in ..... (2)(c), comment 7, 2 u.l.a. 241 (1977) -- would take the instrument out of 1823(e), because it would render the instrument entirely void, see restatement (second) of contracts 163 and comments a, c; farnsworth 4.10, at 235, thus leaving page 484 u. s. 94 no "right, title or interest" that could be "diminish[ed] or defeat[ed ..... that the bank made certain warranties regarding the land, the truth of which was a condition to performance of their obligation to repay the loan. as used in commercial and contract law, the term "agreement" often has a wider meaning than a promise, and embraces such a condition upon performance. this common meaning of the word "agreement" must be assigned to ..... u.l.a. 44 (1976). quite obviously, the parties' bargain cannot be reflected without including the conditions upon their performance, one of the two principal elements of which contracts are constructed. cf. e. farnsworth, contracts 8.2, p. 537 (1982) ("[p]romises, which impose duties, and conditions, which make duties conditional, are the main components of agreements"). it seems to us that .....

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Jun 08 1987 (FN)

Texas Vs. New Mexico

Court : US Supreme Court

Decided on : Jun-08-1987

..... ] but good faith differences about the scope of contractual undertakings do not relieve either party from performance. a court should provide a remedy if the parties intended to make a contract and the contract's terms provide a sufficiently certain basis for determining both that a breach has in fact occurred and the nature of the remedy called for. restatement (second) of ..... said then, a compact when approved by congress becomes a law of the united states, 462 u.s. at 462 u. s. 564 , but "[a] compact is, after all, a contract." petty v. tennessee-missouri bridge comm'n, 359 u. s. 275 , 359 u. s. 285 (1959) (frankfurter, j., dissenting). it remains a legal document that must be construed and applied ..... ordering future performance. moreover, good-faith differences (as here) about the scope of contractual undertakings do not relieve either party from performance. a court should provide a remedy if the contract's terms provide a sufficiently certain basis for determining both that a breach has occurred and the nature of the remedy. pp. 482 u. s. 128 -129. page 482 u ..... , and may not provide a remedy for past breaches of the compact. although a compact, when approved by congress, becomes a law of the united states, it is still a contract, subject to construction and application in accordance with its terms. there is nothing in the nature of compacts generally or of the pecos river compact in particular that counsels against .....

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Jun 01 1987 (FN)

Cir Vs. Asphalt Prods. Co., Inc.

Court : US Supreme Court

Decided on : Jun-01-1987

cir v. asphalt prods. co., inc. - 482 u.s. 117 (1987) u.s. supreme court cir v. asphalt prods. co., inc., 482 u.s. 117 (1987) commissioner of internal revenue v. asphalt products co., inc. no. 86-1053 decided june 1, 1987 482 u.s. 117 on petition for writ of certiorari to the united states court of appeals for the sixth circuit syllabus because asphalt products co. (apc) kept its books, and prepared its 1974 federal income tax return, on a cash receipts and disbursement basis, its reported 1974 taxable income did not fully reflect that its 1974 year-end inventories and accounts receivable were substantially higher than in prior years. apc's 1974 return also claimed a deduction for the expense of driving two trucks to apc from their place of purchase, even though they detoured to pick up equipment bought by apc's shareholders in their individual capacities. after determining that apc was required to compute its 1974 income on an accrual basis and disallowing the truck transportation deduction as a personal expense of the shareholders, the commissioner of internal revenue, pursuant to 26 u.s.c. 6653(a)(1), added to the resulting deficiency a penalty in the amount of 5% of the full alleged underpayment, contending that the use of the wrong accounting method and the deduction of the truck transportation expense constituted negligence. although concluding that apc's use of cash-basis accounting was nonnegligent, the tax court agreed that apc had negligently deducted the truck .....

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May 18 1987 (FN)

St. Francis Coll. Vs. Al-khazraji

Court : US Supreme Court

Decided on : May-18-1987

..... germans: "who will say that ohio can pass a law enacting that no man of the german race . . . shall ever own any property in ohio, or shall ever make a contract in ohio, or ever inherit property in ohio, or ever come into ohio to live, or even to work? if ohio may pass such a law, and exclude a german ..... other." although 1981 does not itself use the word "race," the court has construed the section to forbid all "racial" discrimination in the making of private as well as public contracts. runyon v. mccrary, 427 u. s. 160 , 427 u. s. 168 , 427 u. s. 174 -175 (1976). petitioner college, although a private institution, was therefore subject to this statutory command ..... in this case. ii section 1981 provides: "all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white ..... college, one of the petitioners here. in january, 1978, he applied for tenure; the board of trustees denied his request on february 23, 1978. he accepted a l-year, nonrenewable contract and sought administrative reconsideration of the tenure decision, which was denied on february 6, 1979. he worked his last day at the college on may 26, 1979. in june, 1979 .....

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Mar 24 1987 (FN)

Cal. Coastal Comm'n Vs. Granite Rock Co.

Court : US Supreme Court

Decided on : Mar-24-1987

cal. coastal comm'n v. granite rock co. - 480 u.s. 572 (1987) u.s. supreme court cal. coastal comm'n v. granite rock co., 480 u.s. 572 (1987) california coastal comm'n v. granite rock co. no. 86-1200 argued december 2, 1986 decided march 24, 1987 480 u.s. 572 appeal from the united states court of appeals for the ninth circuit syllabus the mining act of 1872 authorizes a private citizen to enter federal lands to explore for mineral deposits, to perfect a mining claim, and to secure a patent to the land by complying with the requirements of the act and regulations promulgated thereunder. appellee granite rock co. holds unpatented mining claims on federally owned lands in a national forest located in california. in accordance with federal regulations, granite rock obtained approval from the forest service in 1981 of its 6-year plan for mining limestone on the lands, and began to mine shortly thereafter. in 1983, the california coastal commission (commission), acting pursuant to the california coastal act (cca), instructed granite rock to apply for a coastal development permit for any mining undertaken after the date of the commission's letter. under the cca, the commission is the state's coastal zone management program for purposes of the federal coastal zone management act of 1972 (czma), which provides for financial assistance to states for the development of coastal zone management programs and which defines a state's coastal zone so as to exclude "lands the use of which is .....

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Jan 13 1987 (FN)

California Fed. S and L Vs. Guerra

Court : US Supreme Court

Decided on : Jan-13-1987

california fed. s & l v. guerra - 479 u.s. 272 (1987) u.s. supreme court california fed. s & l v. guerra, 479 u.s. 272 (1987) california federal savings & loan assn. v. guerra, director, department of fair employment and housing no. 85-494 argued october 8, 1986 decided january 13, 1987 479 u.s. 272 certiorari to the united states court of appeals for the ninth circuit syllabus the california fair employment and housing act, in 12945(b)(2), requires employers to provide leave and reinstatement to employees disabled by pregnancy. title vii of the civil rights act of 1964, which prohibits employment discrimination on the basis of sex, as amended by the pregnancy discrimination act (pda), specifies that sex discrimination includes discrimination on the basis of pregnancy. a woman employed as a receptionist by petitioner california federal savings & loan association (cal fed) took a pregnancy disability leave in 1982, but, when she notified cal fed that she was able to return to work, she was informed that her job had been filled and that there were no similar positions available. she then filed a complaint with respondent department of fair employment and housing, which charged cal fed with violating 12945(b)(2). before a hearing was held on the complaint, cal fed, joined by the other petitioners, brought an action in federal district court, seeking a declaration that 12945(b)(2) is inconsistent with and preempted by title vii, and an injunction against its enforcement. the .....

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Jun 25 1987 (FN)

S.F. Arts and Athletics, Inc. Vs. Usoc

Court : US Supreme Court

Decided on : Jun-25-1987

s.f. arts & athletics, inc. v. usoc - 483 u.s. 522 (1987) u.s. supreme court s.f. arts & athletics, inc. v. usoc, 483 u.s. 522 (1987) san francisco arts & athletics, inc. v. united states olympic committee no. 86-270 argued march 24, 1987 decided june 25, 1987 483 u.s. 522 certiorari to the united states court of appeals for the ninth circuit syllabus section 110 of the amateur sports act of 1978 (act) grants respondent united states olympic committee (usoc) the right to prohibit certain commercial and promotional uses of the word "olympic" and various olympic symbols. petitioner san francisco arts & athletics, inc. (sfaa), a nonprofit california corporation, promoted the "gay olympic games," to be held in 1982, by using those words on its letterheads and mailings, in local newspapers, and on various merchandise sold to cover the costs of the planned games. the usoc informed the sfaa of the existence of the act and requested that it terminate use of the word "olympic" in its description of the planned games. when the sfaa failed to do so, the usoc brought suit in federal district court for injunctive relief. the court granted the usoc summary judgment and a permanent injunction. the court of appeals affirmed, holding that the act granted the usoc exclusive use of the word "olympic" without requiring the usoc to prove that the unauthorized use was confusing and without regard to the defenses available to an entity sued for a trademark violation under the lanham act. the court .....

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