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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1962 Page 4 of about 42 results (0.055 seconds)

Apr 02 1962 (FN)

A. and Gulf Stevedores Vs. Ellerman Lines, Ltd.

Court : US Supreme Court

Decided on : Apr-02-1962

..... atlantic & gulf stevedores, inc." mr. justice stewart, whom mr. justice frankfurter joins, dissenting. in my view, the court of appeals correctly ruled that the respondents were entitled to indemnity from the petitioner under principles first set forth by this court in ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , and followed in weyerhaeuser ..... citizenship, alleging that their vessel was unseaworthy and that they were negligent. respondents impleaded petitioner, alleging that it was negligent in its manner and method of unloading and asking indemnity from it in case respondents were held liable to beard. counsel, near the end of the trial, agreed upon five special interrogatories, to which the jury responded as follows ..... shipowners, in a federal district court on the basis of diversity of citizenship, alleging that the vessel was unseaworthy and that they were negligent. respondents impleaded petitioner and asked indemnity, alleging that it was negligent in the manner of unloading. the jury found that the injury resulted from unseaworthiness of the vessel and negligence of respondents, and not from ..... any failure of petitioner to do its work in accordance with its contract. the district court entered judgment in favor of the longshoreman against respondents and in favor of petitioner on respondents' claim for indemnity. the court of appeals affirmed the judgment in favor of the longshoreman, but reversed the judgment in favor .....

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Mar 26 1962 (FN)

Baker Vs. Carr

Court : US Supreme Court

Decided on : Mar-26-1962

..... better that those persons should be without the protection of the ordinary laws of the land who disregard them in an emergency, and should look to a grateful country for indemnity and pardon, than to allow, beforehand, the whole frame of jurisprudence to be overturned, and every thing placed at the mercy of the bayonet." "no tribunal or department in our .....

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Mar 05 1962 (FN)

Teamsters Vs. Lucas Flour Co.

Court : US Supreme Court

Decided on : Mar-05-1962

..... to disputes over broad questions of contractual interpretation and deliberately excluded such a clause with regard to the essentially factual disputes arising out of the application of the contract in particular instances. and there is not a word anywhere else in this agreement which indicates that this perfectly sensible contractual framework for handling these two different ..... v. benedict coal corp., 259 f.2d 346 (affirmed on this question by an equally divided court, 361 u. s. 459 ), for differing interpretations of an identical contract. mr. justice black, dissenting. the petitioner local union and the respondent company entered into a written collective bargaining agreement containing an express provision for the arbitration of disputes growing ..... , contractual prohibition of unfair labor practices: jurisdictional problems, 57 col.l.rev. 52. [ footnote 10 ] of the many state courts which have assumed jurisdiction over suits involving contracts subject to 301, few have explicitly considered the problem of state versus federal law. mccarroll v. los angeles county dist. council of carpenters, 49 cal.2d 45, 60, ..... and prolong disputes as to its interpretation. [ footnote 11 ] indeed, the existence of possibly conflicting legal concepts might substantially impede the parties' willingness to agree to contract terms providing for final arbitral or judicial resolution of disputes. the importance of the area which would be affected by separate systems of substantive law makes the need for .....

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Mar 05 1962 (FN)

Organized Village of Kake Vs. Egan

Court : US Supreme Court

Decided on : Mar-05-1962

..... indian law, p. 83 (1945); united states department of the interior, federal indian law (1958), pp. 126-127. in 1934, congress authorized the secretary of the interior to enter into contracts with states for the extension of educational, medical, agricultural, and welfare assistance to reservations, 48 stat. 596, 25 u.s.c. 452. during the 1940's, several states were permitted .....

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Mar 05 1962 (FN)

Metlakatla Indian Community Vs. Egan

Court : US Supreme Court

Decided on : Mar-05-1962

metlakatla indian community v. egan - 369 u.s. 45 (1962) u.s. supreme court metlakatla indian community v. egan, 369 u.s. 45 (1962) metlakatla indian community v. egan no. 2 argued december 13-14, 1961 decided march 5, 1962 369 u.s. 45 appeal from the supreme court of alaska syllabus by the act of march 3, 1891, the annette islands in alaska were "set apart as a reservation" for the metlakatlans and other indians, "to be held and used by them . . . under such rules and regulations . . . as may be prescribed from time to time by the secretary of the interior." relying not upon that act, but upon the white act of june 6, 1924, and 4 of the alaska statehood act, the secretary of the interior promulgated the present regulations whereby appellant, the incorporated metlakatla indian community, was accorded the right to erect and operate salmon traps in waters surrounding the annette islands. appellant sued to enjoin threatened enforcement against it of a statute of the state of alaska forbidding the use of salmon traps. its suit was dismissed, and the supreme court of alaska affirmed. held: 1. neither the white act nor 4 of the alaska statehood act conferred authority on the secretary of the interior to permit metlakatlans to use salmon traps. organized village of kake v. egan, post, p. 369 u. s. 60 . p. 369 u. s. 54 . 2. the authority to issue regulations governing the metlakatla indian reservation, which was granted to the secretary of the interior by the 1891 act, has not been .....

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Mar 05 1962 (FN)

Griggs Vs. Allegheny County

Court : US Supreme Court

Decided on : Mar-05-1962

..... for the clearing and protecting of "aerial approaches" from physical "airport hazards" [ footnote 2/9 ] -- a duty explicitly placed on the local communities by the statute ( 1110) and by their contract with the government. page 369 u. s. 94 there is no such duty on the local community to acquire flight airspace. having taken the airspace over griggs' private property for .....

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Feb 26 1962 (FN)

Richards Vs. United States

Court : US Supreme Court

Decided on : Feb-26-1962

..... v. lanza, 349 u. s. 408 ; watson v. employers liability corp., 348 u. s. 66 ; pacific employers ins. co. v. industrial accident comm., 306 u. s. 493 . cf. hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 ; home insurance co. v. dick, 281 u. s. 397 . [ footnote 32 ] see, e.g., the cases cited in note 26 ..... any damages against the united states on any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, whereas he could recover such damages against a private individual, 2680(h); the claimant cannot obtain any recovery against the united states on a claim arising in a foreign ..... ., 183 f.2d 479; levy v. daniels' u-drive auto renting co., 108 conn. 333, 143 a. 163; caldwell v. gore, 175 la. 501, 143 so. 387; burkett v. globe indemnity co., 182 miss. 423, 181 so. 316. [ footnote 27 ] in addition to the cases cited in note 26 supra, see the opinion by mr. justice black in vanston bondholders protective ..... v. armbrecht, 327 u. s. 392 ; clearfield trust co. v. united states, 318 u. s. 363 ; d'oench, duhme & co. v. federal deposit ins. corp., 315 u. s. 447 ; royal indemnity co. v. united states, 313 u. s. 289 ; board of comm'rs of jackson county v. united states, 308 u. s. 343 . see also discussion in hart and wechsler, the .....

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Feb 26 1962 (FN)

Retail Clerks Vs. Lion Dry Goods, Inc.

Court : US Supreme Court

Decided on : Feb-26-1962

..... no basis for denying jurisdiction of the action based upon the alleged violation of the "strike settlement agreement." furthermore, the statute's purpose would be defeated by excluding such contracts from "contracts" cognizable under 301(a). see charles dowd box co. v. courtney, 368 u. s. 502 . if this kind of strike settlement were not enforceable under 301 ..... of recognition as exclusive representatives puts them out of court. this issue does not touch upon whether minority unions may demand that employers enter into particular kinds of contracts or the circumstances under which employers may accord recognition to page 369 u. s. 29 unions as exclusive bargaining agents. the question is only whether "labor organization ..... of those limitations on 301(a) or with only one, and, if so, which one. it is argued that congress limited 301(a) jurisdiction to contracts that are "collective bargaining contracts," meaning, so runs the argument, only agreements concerning wages, hours, and conditions of employment concluded in direct negotiations between employers and unions entitled to recognition as ..... to 1957, petitioners had been the collective bargaining representatives of respondents' employees, and had been parties to collective bargaining agreements with respondents. in november, 1957, negotiations for renewal contracts ended in impasse. a strike ensued against one of the respondents, lasalle's, and continued until december 24, 1958; the dispute with the other respondent, lion dry goods .....

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Feb 19 1962 (FN)

Poller Vs. Columbia Broadcasting System, Inc.

Court : US Supreme Court

Decided on : Feb-19-1962

..... the introductory clauses of the contract provided: "whereas, midwest [petitioner] has represented to cbs that midwest intends to continue the operation of wcan and all business incidental thereto, and for that purpose cbs proposes ..... vhf stations entered the market. [ footnote 2/8 ] the record shows that poller from the beginning had unsuccessfully tried to persuade cbs to enlarge the term of his affiliation contract cancellation clause from six months to two years, and that, with eyes thus open, he nonetheless proceeded with his substantial equipment investment. [ footnote 2/9 ] one of ..... petitioner is unable to point to any convincing differences between the vertical integration that is accomplished when a network purchases a station and that which results from an affiliation contract. moreover, the very contention now being made here by the petitioner has repeatedly been presented to the federal communications commission, and that agency has consistently adhered to the ..... birth of their alleged conspiracy that such affiliations would be unavailable to petitioner if the cbs tie were broken. moreover, it is patent from the terms of the contract under which cbs purchased petitioner's equipment that petitioner represented to the respondents that he would continue broadcasting operations as an independent from the studio formerly occupied by bartell. .....

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Feb 19 1962 (FN)

Charles Dowd Box Co., Inc. Vs. Courtney

Court : US Supreme Court

Decided on : Feb-19-1962

..... . it was recognized from the outset that such an effort would be purposeless unless both parties to a collective bargaining agreement could have reasonable assurance that the contract they had negotiated would be honored. section 301(a) reflects congressional recognition of the vital importance of assuring the enforceability of such agreements. the direct antecedent ..... s. 188 (concurring opinion). [ footnote 5 ] to hold that 301(a) operates to deprive the state courts of a substantial segment of their established jurisdiction over contract actions would thus be to disregard this consistent history of hospitable acceptance of concurrent jurisdiction. such a construction of 301(a) would also disregard the particularized history behind the enactment ..... was the petitioner's position that its bargaining representatives had acted without authority in negotiating the new agreement, and that the union had been so advised before any contract had actually been concluded. the present action was then brought in the superior court of massachusetts for worcester county by the respondents, local union officers and a ..... the superior court of massachusetts syllabus section 301(a) of the labor management relations act, 1947, which confers on federal district courts jurisdiction over suits for violation of contracts between employers and labor organizations representing employees in industries affecting interstate commerce, does not divest state courts of jurisdiction over such suits. pp. 368 u. s. 502 .....

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