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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1994 Page 3 of about 58 results (0.057 seconds)

May 02 1994 (FN)

Chicago Vs. Environmental Defense Fund

Court : US Supreme Court

Decided on : May-02-1994

chicago v. environmental defense fund - 511 u.s. 328 (1994) october term, 1993 syllabus city of chicago et al. v. environmental defense fund et al. certiorari to the united states court of appeals for the seventh circuit no. 92-1639. argued january 19, 1994-decided may 2, 1994 respondent environmental defense fund (edf) sued petitioners, the city of chicago and its mayor, alleging that they were violating the resource conservation and recovery act of 1976 (rcra) and implementing regulations of the environmental protection agency (epa) by using landfills not licensed to accept hazardous wastes as disposal sites for the toxic municipal waste combustion (mwc) ash that is left as a residue when the city's resource recovery incinerator burns household waste and nonhazardous industrial waste to produce energy. although it was uncontested that, with respect to the ash, petitioners had not adhered to any of the rcra subtitle c requirements addressing hazardous wastes, the district court granted them summary judgment on the ground that 3001(i) of the solid waste disposal act, a provision within rcra, excluded the ash from those requirements. the court of appeals disagreed and reversed, but, while certiorari was pending in this court, the epa issued a memorandum directing its personnel, in accordance with the agency's view of 3001(i), to treat mwc ash as exempt from subtitle c regulation. on remand following this court's vacation of the judgment, the court of appeals reinstated its .....

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Apr 18 1994 (FN)

Thomas Jefferson Univ. Vs. Shalala

Court : US Supreme Court

Decided on : Apr-18-1994

thomas jefferson univ. v. shalala - 512 u.s. 504 (1994) october term, 1993 syllabus thomas jefferson university, dba thomas jefferson university hospital v. shalala, secretary of health and human services certiorari to the united states court of appeals for the third circuit no. 93-120. argued april 18, 1994-decided june 24,1994 medicare reimburses provider hospitals for the costs of certain educational activities, including the cost of graduate medical education (gme) services furnished by the hospital or its affiliated medical school, 42 cfr 413.85, 413.17(a). however, reimbursement of educational activities is limited by (1) an "anti-redistribution" principle, providing that the medicare program's intent is to support activities that are "customarily or traditionally carried on by providers in conjunction with their operations," but that the program should not "participate in increased costs resulting from redistribution of costs from educational institutions ... to patient care institutions," 413.85(c) (emphasis added); and (2) a "community support" principle, providing that medicare will not assume the cost for educational activities previously borne by the community, ibid. petitioner teaching hospital, a qualified medicare provider, sought no reimbursement for its nonsalary-related (administrative) gme costs before 1984, and those costs were borne by its affiliated medical college. in fiscal year 1985, the fiscal intermediary disallowed the hospital's claim for .....

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Jan 10 1994 (FN)

United States Vs. Granderson

Court : US Supreme Court

Decided on : Jan-10-1994

united states v. granderson - 511 u.s. 39 (1994) october term, 1993 syllabus united states v. granderson certiorari to the united states court of appeals for the eleventh circuit no. 92-1662. argued january 10, 1994-decided march 22,1994 respondent granderson, a letter carrier, pleaded guilty to one count of destruction of mail. the potential imprisonment range for that crime was 0-6 months under the united states sentencing guidelines. the district court imposed no prison time, sentencing granderson instead to five years' probation and a fine. after granderson tested positive for cocaine, the court resentenced him under 18 u. s. c. 3565(a), which provides that if a person serving a sentence of probation possesses illegal drugs, "the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence." accepting the government's reading of the statute, the district court concluded that the phrase "original sentence" referred to the term of probation actually imposed (60 months), rather than the 0-6 month imprisonment range authorized by the guidelines. accordingly, that court resentenced granderson to 20 months' imprisonment. the court of appeals upheld the revocation of granderson's probation, but vacated his new sentence. invoking the rule of lenity, the court agreed with granderson that "original sentence" referred to the potential imprisonment range under the guidelines, not to the actual probation sentence. because .....

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Oct 31 1994 (FN)

Brown Vs. Gardner

Court : US Supreme Court

Decided on : Oct-31-1994

..... resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, ... during other than a period of war," is compensable) with 38 cfr 3.310(a) (1993) ("disability which is ..... to impose any fault requirement. compare 38 u. s. c. 1110 (1988 ed., supp. v) ("disability resulting from personal injury suffered or disease contracted in line of duty, 119 or for aggravation of a preexisting injury suffered or disease contracted in line of duty, ... during a period of war," is compensable) and 38 u. s. c. 1131 (1988 ed., supp. v) ("disability .....

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Oct 11 1994 (FN)

Federal Election Comm'n Vs. NRA Political Victory Fund

Court : US Supreme Court

Decided on : Oct-11-1994

federal election comm'n v. nra political victory fund - 513 u.s. 88 (1994) october term, 1994 syllabus federal election commission v. nra political victory fund et al. certiorari to the united states court of appeals for the district of columbia circuit no.93-1151. argued october 11, 1994-decided december 6,1994 petitioner federal election commission (fec) brought this civil action against respondents seeking to enforce a provision of the federal election campaign act of 1971 (feca). the district court ruled against respondents. the court of appeals reversed and entered its judgment on october 22, 1993. without first seeking or obtaining the solicitor general's authorization, the fec filed in its own name a petition for a writ of certiorari on january 18, 1994, two days before the expiration of the 90-day filing period mandated by 28 u. s. c. 2101(c). the united states filed a brief contending that the fec lacked statutory authority to represent itself in this case in this court, but that, pursuant to 28 u. s. c. 518(a) and its implementing regulation, the solicitor general had authorized the fec's petition by letter dated may 26, 1994. this authorization came more than 120 days after the 2101(c) filing deadline had passed. the fec filed a brief in response asserting that it has independent statutory authority to represent itself in this court. held: 1. the fec may not independently file a petition for certiorari in this court under 2 u. s. c. 437d(a)(6). that statute .....

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Jun 30 1994 (FN)

Holder Vs. Hall

Court : US Supreme Court

Decided on : Jun-30-1994

holder v. hall - 512 u.s. 874 (1994) october term, 1993 syllabus holder, individually and in his official capacity as county commissioner for bleckley county, georgia, et al. v. hall et al. certiorari to the united states court of appeals for the eleventh circuit no. 91-2012. argued october 4, 1993-decided june 30, 1994 bleckley county, georgia, has always had a form of government whereby a single commissioner holds all legislative and executive authority. in 1985, the state legislature authorized the county to adopt by referendum a multimember commission consisting of five members elected from single-member districts and a chair elected at large, but voters defeated the proposal, although they had previously approved a five-member district plan for the county school board. respondents, black voters and the local chapter of the national association for the advancement of colored people, filed this action. the district court rejected their constitutional claim that the single-member commission was enacted or maintained with an intent to exclude or limit the political influence of the county's black community in violation of the fourteenth and fifteenth amendments. the court also ruled against their claim that the commission's size violated 2 of the voting rights act of 1965, finding that respondents satisfied only one of the three preconditions established in thornburg v. gingles, 478 u. s. 30 . the court of appeals reversed on the statutory claim, holding that the totality .....

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May 31 1994 (FN)

Pud No. 1 of Jefferson Cty. Vs. Washington Dept. of Ecology

Court : US Supreme Court

Decided on : May-31-1994

pud no. 1 of jefferson cty. v. washington dept. of ecology - 511 u.s. 700 (1994) october term, 1993 syllabus pud no. 1 of jefferson county et al. v. washington department of ecology et al. certiorari to the supreme court of washington no. 92-1911. argued february 23, 1994-decided may 31, 1994 section 303 of the clean water act requires each state, subject to federal approval, to institute comprehensive standards establishing water quality goals for all intrastate waters, and requires that such standards "consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses." under environmental protection agency (epa) regulations, the standards must also include an antidegradation policy to ensure that "[e]xisting instream water uses and the level of water quality necessary to protect [those] uses [are] maintained and protected." states are required by 401 of the act to provide a water quality certification before a federal license or permit can be issued for any activity that may result in a discharge into intrastate navigable waters. as relevant here, the certification must "set forth any effluent limitations and other limitations ... necessary to assure that any applicant" will comply with various provisions of the act and "any other appropriate" state law requirement. 401(d). under washington's comprehensive water quality standards, characteristic uses of waters classified as class aa include fish migration, .....

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May 16 1994 (FN)

Security Services, Inc. Vs. Kmart Corp.

Court : US Supreme Court

Decided on : May-16-1994

..... a separate hgcb tariff filed with the icc. when petitioner failed to pay its fees, hgcb canceled petitioner's participation by supplementing the latter tariff. sometime later, petitioner contracted to transport respondent shipper's goods at rates below its filed tariff rates. petitioner subsequently filed for chapter 11 bankruptcy and, as debtorin-possession, asserted that respondent was ..... liable under the interstate commerce act's filed rate doctrine for undercharges based on the difference between the contract and tariff rates. respondent refused to pay. petitioner sued. the district court granted summary judgment for respondent, and the court of appeals affirmed, concluding that the filed ..... undergoing reorganization became security services. as debtor-in-possession, security services billed kmart for undercharges (and interest) it was allegedly owed, based on the difference between the contract rate kmart paid and the tariff rates that riss assertedly had on file with the icc. security services argued that under the interstate commerce act's filed rate doctrine ..... , kmart was liable for the tariff rates filed with the icc, regardless of any contract rate negotiated. kmart refused to pay, and this suit ensued. the district court for the eastern district of pennsylvania granted summary judgment for kmart on the ground .....

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Mar 28 1994 (FN)

Barclays Bank Plc Vs. Franchise Tax Bd. of Cal.

Court : US Supreme Court

Decided on : Mar-28-1994

..... is 27 article 2(4) provides: "for the purpose of article 24 (nondiscrimination), this convention shall also apply to taxes of every kind and description imposed by each contracting state, or by its political subdivisions or local authorities." 28 that "federal law has long embodied a preference for the arm's length method, in the sense that this ..... of 'arm's-length' analysis in taxing the domestic income of multinational enterprises, that requirement is generally waived with respect to the taxes imposed by each of the contracting nations on its own domestic corporations .... third, the tax treaties into which the united states has entered do not generally cover the taxing activities of subnational governmental units ..... 1st sess. (1983); "except as specifically provided in this article, in determining the tax liability of an enterprise doing business in a contracting state, or in a political subdivision or local authority of a contracting state, such contracting state, political subdivision, or local authority shall not take into account the income, deductions, receipts, or outgoings of a related enterprise of ..... the other contracting state or of an enterprise of any third state related to any enterprise of the other contracting state." (emphasis added.) 327 rejected this version of the treaty, 124 congo rec. 18670 (1978), and ultimately ratified the agreement .....

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Mar 28 1994 (FN)

Reed Vs. Farley

Court : US Supreme Court

Decided on : Mar-28-1994

reed v. farley - 512 u.s. 339 (1994) october term, 1993 syllabus reed v. farley, superintendent, indiana state prison, et al. certiorari to the united states court of appeals for the seventh circuit no. 93-5418. argued march 28, 1994-decided june 20,1994 the interstate agreement on detainers act (lad), a compact among 48 states, the district of columbia, and the federal government, provides that the trial of a prisoner transferred from one participating jurisdiction to another shall commence within 120 days of the prisoner's arrival in the receiving state, article iv(c), and directs dismissal with prejudice when trial does not occur within the time prescribed, article v(c). petitioner reed was transferred in april 1983 from a federal prison in indiana to state custody pursuant to an lad detainer lodged by indiana officials. trial on the state charges was originally set for a date 19 days beyond the 120-day lad period and was subsequently postponed for an additional 35 days. although reed's many and wide-ranging pretrial motions contained a few general references to the lad time limit, he did not specifically object to his trial date until four days after the 120-day period expired. the trial court denied reed's petition for discharge on the grounds that the judge had previously been unaware of the 120-day limitation and that reed had not earlier objected to the trial date or requested a speedier trial. reed then successfully moved for a continuance to enable him to prepare .....

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