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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1966 Page 4 of about 48 results (0.054 seconds)

Mar 28 1966 (FN)

United States Vs. Guest

Court : US Supreme Court

Decided on : Mar-28-1966

united states v. guest - 383 u.s. 745 (1966) u.s. supreme court united states v. guest, 383 u.s. 745 (1966) united states v. guest no. 65 argued november 9, 1965 decided march 28, 1966 383 u.s. 745 appeal from the united states district court for the middle district of georgia syllabus appellees, six private individuals, were indicted under 18 u.s.c. 241 for conspiring to deprive negro citizens in the vicinity of athens, georgia, of the free exercise and enjoyment of rights secured to them by the constitution and laws of the united states, viz., the right to use state facilities without discrimination on the basis of race, the right freely to engage in interstate travel, and the right to equal enjoyment of privately owned places of public accommodation, now guaranteed by title ii of the civil rights act of 1964. the indictment specified various means by which the objects of the conspiracy would be achieved, including causing the arrest of negroes by means of false reports of their criminal acts. the district court dismissed the indictment on the ground that it did not involve rights which are attributes of national citizenship, to which it deemed 241 solely applicable. the court also held the public accommodation allegation legally inadequate for failure to allege discriminatory motivation which the court thought essential to charge an interference with a right secured by title ii, and because the enforcement remedies in title ii were deemed exclusive. the united states .....

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Mar 24 1966 (FN)

Automobile Workers Vs. Hoosier Cardinal Corp.

Court : US Supreme Court

Decided on : Mar-24-1966

..... would tend to stimulate and prolong disputes as to its interpretation. 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 ordering and adjusting of competing interests through a process of free and voluntary collective bargaining ..... the nature of a specific 301 suit for the purpose of selecting the appropriate state limitations provision. indeed, as the present case indicates, consideration of the separate contracts for that purpose is entirely acceptable. the petitioner seeks damages based upon an alleged breach of the vacation pay clause in a written collective bargaining agreement. proof of ..... actions that can only be characterized fairly as based exclusively upon a written agreement. but since many 301 actions for wages or other individual benefits will concern employment contracts of the sort involved here, there is no reason to inhibit the achievement of an identifiable goal of labor policy by precluding application of the generally shorter limitations ..... , limitations questions will have an impact on the negotiation and administration of the collective agreement in many instances -- for example, if the parties decide to limit by contract the period for bringing suit. the laws of the several states vary with respect to the enforceability of such contractual limitations periods, particularly when it is asserted that .....

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Mar 24 1966 (FN)

Harper Vs. Virginia Bd. of Elections

Court : US Supreme Court

Decided on : Mar-24-1966

harper v. virginia bd. of elections - 383 u.s. 663 (1966) u.s. supreme court harper v. virginia bd. of elections, 383 u.s. 663 (1966) harper v. virginia board of elections no. 48 argued january 25-26, 1966 decided march 24, 1966 * 383 u.s. 663 appeal from the united states district court for the eastern district of virginia syllabus appellants, virginia residents, brought this action to have virginia's poll tax declared unconstitutional. the three-judge district court dismissed the complaint on the basis of breedlove v. suttles, 302 u. s. 277 . held: a state's conditioning of the right to vote on the payment of a fee or tax violates the equal protection clause of the fourteenth amendment. breedlove v. suttle, supra, pro tanto overruled. pp. 383 u. s. 665 -670. (a) once the franchise is granted to the electorate, lines which determine who may vote may not be drawn so as to cause invidious discrimination. pp. 383 u. s. 665 -667. (b) fee payments or wealth, like race, creed, or color, are unrelated to the citizen's ability to participate intelligently in the electoral process. pp. 383 u. s. 666 -668. (c) the interest of the state, when it comes to voting registration, is limited to the fixing of standards related to the applicant's qualifications as a voter. p. 383 u. s. 668 . (d) lines drawn on the basis of wealth or property, like those of race, are traditionally disfavored. p. 383 u. s. 668 . (e) classifications which might impinge on fundamental rights and liberties -- such .....

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Mar 22 1966 (FN)

Consolo Vs. Fmc

Court : US Supreme Court

Decided on : Mar-22-1966

..... was pending before the board for almost two years. in the first place, flota did not request declaratory relief until after it had entered into the offending exclusive dealing contract with panama ecuador and until it became clear that consolo was going to sue anyway. under these circumstances, the commission was justifiably skeptical about flota's motives in ..... primarily responsible for administering and interpreting the shipping act. and, although the second grace line decision was ultimately reversed and remanded, upon reconsideration, the board still found the exclusive contract there is question to be illegal, and that page 383 u. s. 624 decision was ultimately affirmed upon appeal to the second circuit. [ footnote 25 ] as further evidence ..... the second grace line decision was ultimately reversed and remanded by the court of appeals for the second circuit. nevertheless, at the time flota entered into the 1957 exclusive contract with panama ecuador, and at the time it rejected consolo's request for a fair share of the shipping space, these decisions were authoritative pronouncements by the agency ..... exonerating it from liability to petitioner. petitioner then filed a complaint with the board asking for damages. the actions were consolidated, and the board ruled that flota's exclusive contract violated the shipping act, and ordered a fair allocation of banana shipping space. flota, pursuant to the administrative orders review act, petitioned the court of appeals to set aside .....

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Mar 22 1966 (FN)

icc Vs. Atlantic Coast Line R. Co.

Court : US Supreme Court

Decided on : Mar-22-1966

icc v. atlantic coast line r. co. - 383 u.s. 576 (1966) u.s. supreme court icc v. atlantic coast line r. co., 383 u.s. 576 (1966) interstate commerce commission v. atlantic coast line r. co. no. 14 argued december 6, 1965 decided march 22, 1966 383 u.s. 576 certiorari to the united states court of appeals for the fifth circuit syllabus upon a complaint by thomson phosphate company, the icc found that rates on shipments by thomson on respondent railroads were unjust and unreasonable, and that the shipper was entitled to reparations. the respondents refused to certify thomson's statements showing shipments made, and then the icc determined the amount of reparations due and entered an order directing payment. respondents refused to comply, and brought this suit in the district court for the middle district of florida under 17(9) of the interstate commerce act to enjoin and annul the icc orders. thereafter, thomson brought suit under 16(2) of the act in the district court for the southern district of new york to enforce the icc's reparation order, but that suit was stayed pending disposition of the carrier-initiated action. the district court in florida denied the icc's motion to dismiss which alleged that the carriers' sole remedy was to defend the suit brought by the shipper under 16(2). the court set aside the icc order on the ground that thomson's claim was barred by the statute of limitations. the court of appeals sustained the district court's jurisdiction, and affirmed. .....

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Mar 21 1966 (FN)

Ginzburg Vs. United States

Court : US Supreme Court

Decided on : Mar-21-1966

ginzburg v. united states - 383 u.s. 463 (1966) u.s. supreme court ginzburg v. united states, 383 u.s. 463 (1966) ginzburg v. united states no. 4 argued december 7, 1965 decided march 21, 1966 383 u.s. 463 certiorari to the united states court of appeals for the third circuit syllabus petitioner ginzburg and three corporations which he controlled were convicted of violating the federal obscenity statute, 18 u.s.c. 1461, by mailing three publications: an expensive hardcover magazine dealing with sex, a sexual newsletter, and a short book purporting to be a sexual autobiography. the prosecution charged that these publications were obscene in the context of their production, sale, and attendant publicity. besides testimony as to the merit of the material, abundant evidence was introduced that each of the publications was originated or sold as stock in trade of the business of pandering, i.e., the purveying of publications openly advertised to appeal to the customers' erotic interest. mailing privileges were sought from places with salaciously suggestive names; circulars for the magazine and newsletter stressed unrestricted expression of sex, and advertising of the book which purported to be of medical and psychiatric interest, but whose distribution was not confined to a professional audience, dwelt on the book's sexual imagery. in finding petitioners guilty, the trial judge applied the obscenity standards first enunciated in roth v. united states, 354 u. s. 476 , and the court .....

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Mar 21 1966 (FN)

Memoirs Vs. Massachusetts

Court : US Supreme Court

Decided on : Mar-21-1966

memoirs v. massachusetts - 383 u.s. 413 (1966) u.s. supreme court memoirs v. massachusetts, 383 u.s. 413 (1966) a book named "john cleland's memoirs of a woman of pleasure" v. attorney general of massachusetts no. 368 argued december 7-8, 1965 decided march 21, 1966 383 u.s. 413 appeal from the supreme judicial court of massachusetts syllabus appellee, the attorney general of massachusetts, brought this civil equity action for an adjudication of obscenity of cleland's memoirs of a woman of pleasure (fanny hill), and appellant publisher intervened. following a hearing, including expert testimony and other evidence, assessing the book's character but not the mode of distribution, the trial court decreed the book obscene and not entitled to the protection of the first and fourteenth amendments. the massachusetts supreme judicial court affirmed, holding that a patently offensive book which appeals to prurient interest need not be unqualifiedly worthless before it can be deemed obscene. held: the judgment is reversed. pp. 383 u. s. 415 -433. 349 mass. 69, 206 n.e.2d 403, reversed. mr. justice brennan, joined by the chief justice and mr. justice fortas, concluded that: 1. under the test in roth v. united states, 354 u. s. 476 , as elaborated in subsequent cases, each of three elements must independently be satisfied before a book can be held obscene: (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently .....

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Feb 28 1966 (FN)

Accardi Vs. Pennsylvania Railroad Co.

Court : US Supreme Court

Decided on : Feb-28-1966

..... colloquy with another congressman on the same question: "mr. miller. in reference to insurance, will that apply to group insurance? many industrial plants, of course, carry group insurance. under those contracts, they continue their participation while a man is on vacation or on furlough. would they continue those policies in force?" "mr. may. this would continue them in force, and that ..... (b)(b) and (c). pp. 383 u. s. 228 -232. page 383 u. s. 226 2. respondent's contention that the act does not apply to rights resulting from the contract, which was entered into over a year after petitioners resumed employment, is wholly without merit, since seniority status continues beyond the first year of a veteran's reemployment. oakley v .....

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Feb 24 1966 (FN)

United States Vs. Johnson

Court : US Supreme Court

Decided on : Feb-24-1966

..... to congress, . . . directly or indirectly receives or agrees to receive, any compensation for any services rendered or to be rendered, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter in which the united states is a party or directly or indirectly interested, before any department, agency, court martial, officer, or any .....

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Feb 23 1966 (FN)

Brown Vs. Louisiana

Court : US Supreme Court

Decided on : Feb-23-1966

brown v. louisiana - 383 u.s. 131 (1966) u.s. supreme court brown v. louisiana, 383 u.s. 131 (1966) brown v. louisiana no. 41 argued december 6, 1965 decided february 23, 1966 383 u.s. 131 certiorari to the supreme court of louisiana syllabus for the purpose of peaceably protesting the denial of their constitutional right to equal treatment in a public facility, petitioners, five negroes, entered the public room of a regional library operated on a segregated basis by the louisiana parishes where they lived and another parish. no one was in the library room except petitioners and the library assistant. petitioner brown requested a book. the library assistant, after checking, advised that the library did not have the book, but that she would request it from the state library and that brown would be notified upon its receipt. (the book was mailed to him at a later date, with instructions to mail it back or deliver it to the library's "blue" bookmobile, a facility reserved for negroes only.) thereafter the library assistant asked petitioners to leave. but, for the purpose of manifesting silent protest against the library's segregation policy, brown sat down and the others stood near him. there was no noise or boisterous talking. the branch librarian also asked petitioners to leave, but they remained. in about 10 or 15 minutes from the time petitioners entered the library, the sheriff and deputies arrived, having been forewarned, asked petitioners to leave, and were told that .....

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