Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1973 Page 1 of about 69 results (0.056 seconds)

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

Tag this Judgment!

Dec 17 1973 (FN)

Bonelli Cattle Co. Vs. Arizona

Court : US Supreme Court

Decided on : Dec-17-1973

bonelli cattle co. v. arizona - 414 u.s. 313 (1973) u.s. supreme court bonelli cattle co. v. arizona, 414 u.s. 313 (1973) bonelli cattle co. v. arizona no. 72-397 argued october 15, 1973 decided december 17, 1973 414 u.s. 313 certiorari to the supreme court of arizona syllabus certain land abutting the east bank of the colorado river was conveyed in 1910 by federal patent to a railroad company. upon admission to the union in 1912, arizona succeeded the federal government to title to the bed of the colorado river. the river's gradual eastward movement submerged the subject land by erosion so that title was mechanically transferred to the state as part of the riverbed. in 1955, petitioner cattle company acquired title to the original railroad grant, most of which by that time was covered by water. in 1959, the subject land was abandoned by the colorado as a result of a federal rechanneling project. petitioner cattle company filed this action to quiet title and prevailed in the lower courts, but the arizona supreme court reversed, holding that, under the equal-footing doctrine and the submerged lands act, arizona held title to the beds of all navigable waters within its borders, and thus to the subject land as a result of the river's gradual eastward movement. held: 1. ownership of the subject land is governed by federal law. the issue here is not what rights the state has accorded private owners in lands that the state holds as sovereign, but how far the state's sovereign .....

Tag this Judgment!

Dec 05 1973 (FN)

Falk Vs. Brennan

Court : US Supreme Court

Decided on : Dec-05-1973

..... canceling leases; collecting rents; instituting, prosecuting, and settling all legal proceedings for eviction, possession of the premises, and unpaid rent; making necessary repairs and alterations; negotiating contracts for essential utilities and other services; purchasing supplies; paying bills; preparing operating budgets for the property owners' review and approval; submitting periodic reports to the owners; and ..... available apartments, interview prospective tenants, and negotiate and renew leases on behalf of the apartment building owner. second, d & f operates and maintains apartment buildings. by contract with the building owner, d & f agrees to collect rent; initiate, prosecute, and settle all legal proceedings for eviction, possession of the premises, and unpaid rent ..... ; make repairs and alterations; negotiate contracts for utilities and other necessary services; purchase supplies; page 414 u. s. 208 pay all bills, including mortgage payments; prepare an operating budget for the building owner ..... for its professional management services on a cost plus commission basis. it employed maintenance workers and purchased materials necessary for the operation and maintenance of the apartment buildings. by contract, the building owner agreed to reimburse d & f for these operation and maintenance costs, [ footnote 2/7 ] and, in addition, to pay d & f .....

Tag this Judgment!

Dec 04 1973 (FN)

Merrill Lynch, Pierce, Fenner and Smith, Inc. Vs. Ware

Court : US Supreme Court

Decided on : Dec-04-1973

..... under 16600; that the agreement's provision that new york law was to apply "must not be allowed to defeat" the policy of 16600; that, however, the entire contract was not necessarily unlawful; and that a "latent question exists as to whether the agreements of the parties may be construed as applying only to such permissible subjects of restraint ..... lawful business foreclosed the application of the more permissive new york law to the forfeiture provision of the profit-sharing plan. although california public policy thus served to nullify the contract's forfeiture provision, arbitration, nonetheless, was not precluded. by way of contrast, the present case provoked a claim under 229, in addition to ware's reliance on 16600, ..... complaint, the parties appear to agree that the suit rested principally on 16600 of the california business and professions code. this reads: "except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." in its answer, merrill lynch alleged that the ..... s benefits. respondent sought a declaratory judgment in a california state court that the forfeiture clause was unlawful under 16600 of the california business and professions code, which invalidates every contract restraining a person from engaging in a lawful business. petitioner answered, inter alia, that a condition of respondent's employment with petitioner was approval by the new york stock .....

Tag this Judgment!

Nov 19 1973 (FN)

Hess Vs. Indiana

Court : US Supreme Court

Decided on : Nov-19-1973

hess v. indiana - 414 u.s. 105 (1973) u.s. supreme court hess v. indiana, 414 u.s. 105 (1973) hess v. indiana no. 73-5290 decided november 19, 1973 414 u.s. 105 appeal from the supreme court of indiana syllabus appellant, who was arrested during an anti-war demonstration on a college campus for loudly stating, "we'll take the fucking street later (or again)," was subsequently convicted for violating the indiana disorderly conduct statute. the state supreme court affirmed, relying primarily on the trial court's finding that the statement "was intended to incite further lawless action on the part of the crowd in the vicinity of appellant, and was likely to produce such action." held: appellant's language did not fall within any of the "narrowly limited classes of speech" that the states may punish without violating the first and fourteenth amendments, and, since the evidence showed that the words he used were not directed to any person or group and there was no evidence that they were intended and likely to produce imminent disorder, application of the statute to appellant violated his rights of free speech. brandenburg v. ohio, 395 u. s. 444 . see also terminiello v. chicago, 337 u. s. 1 , 337 u. s. 4 . ___ ind. ___, 297 n.e.2d 413, reversed. per curiam. gregory hess appeals from his conviction in the indiana courts for violating the state's disorderly conduct statute. [ footnote 1 ] appellant contends that his conviction should be reversed because the statute is .....

Tag this Judgment!

Jun 25 1973 (FN)

Broadrick Vs. Oklahoma

Court : US Supreme Court

Decided on : Jun-25-1973

broadrick v. oklahoma - 413 u.s. 601 (1973) u.s. supreme court broadrick v. oklahoma, 413 u.s. 601 (1973) broadrick v. oklahoma no. 71-1639 argued march 26, 1973 decided june 25, 1973 413 u.s. 601 appeal from the united states district court for the western district of oklahoma syllabus appellants, state employees charged by the oklahoma state personnel board with actively engaging in partisan political activities (including the solicitation of money) among their coworkers for the benefit of their superior, in alleged violation of 818 of the state merit system act, brought this suit challenging the act's validity on the grounds that two of its paragraphs are invalid because of overbreadth and vagueness. one paragraph provides that no classified service employee "shall directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or receiving any assessment . . . or contribution for any political organization, candidacy or other political purpose." the other provides that no such employee shall belong to "any national, state or local committee of a political party" or be an officer or member of a committee or a partisan political club, or a candidate for any paid public office, or take part in the management or affairs of any political party or campaign "except to exercise his right as a citizen privately to express his opinion and . . . vote." the district court upheld the provisions. held: section 818 of the oklahoma statute is not unconstitutional .....

Tag this Judgment!

Jun 25 1973 (FN)

Committee for Public Education Vs. Nyquist

Court : US Supreme Court

Decided on : Jun-25-1973

..... trust and treaty funds for the educational benefit of the members of the sioux indian tribe. when some beneficiaries elected to attend religious schools, and the government entered into payment contracts with the sectarian institutions, suit was brought to enjoin the disbursement of public money to those schools. speaking of the constitutionality of such a program, the court said: "but we .....

Tag this Judgment!

Jun 21 1973 (FN)

Colgrove Vs. Battin

Court : US Supreme Court

Decided on : Jun-21-1973

..... preserving the right of trial by jury was included "to assure that with such union [of law and equity] the right of trial by jury would be neither expanded nor contracted." 456 f.2d at 1381, citing 5 j. moore, federal practice ?38.06, p. 44 (2d ed.1971). see also cooley v. strickland transportation co., 459 f.2d 779, 785 .....

Tag this Judgment!

Jun 21 1973 (FN)

New York Dept. of Soc. Svcs. Vs. Dublino

Court : US Supreme Court

Decided on : Jun-21-1973

..... does operate, its reach is limited. in new york, according to federal estimates, there are 150,000 win registrants for the current fiscal year, but the secretary of labor has contracted with the state to provide services to only 90,000 registrants, of whom the majority will not receive full job training and placement assistance. [ footnote 22 ] in fiscal 1971, new ..... a work incentive project that his effective participation is precluded." [ footnote 22 ] see brief for the united states as amicus curiae 15, citing u.s. dept. of labor, manpower administration, contract no. 36-2001-188, modification no. 3, june 30, 1972. the government contends further that "the current level of win funding is such that no more than one-fifth of .....

Tag this Judgment!

Jun 21 1973 (FN)

Keyes Vs. School Dist. No. 1

Court : US Supreme Court

Decided on : Jun-21-1973

keyes v. school dist. no. 1 - 413 u.s. 189 (1973) u.s. supreme court keyes v. school dist. no. 1, 413 u.s. 189 (1973) keyes v. school district no. 1, denver, colorado no. 71-507 argued october 12, 1972 decided june 21, 1973 413 u.s. 189 certiorari to the united states court of appeals for the tenth circuit syllabus petitioners sought desegregation of the park hill area schools in denver and, upon securing an order of the district court directing that relief, expanded their suit to secure desegregation of the remaining schools of the denver school district, particularly those in the core city area. the district court denied the further relief, holding that the deliberate racial segregation of the park hill schools did not prove a like segregation policy addressed specifically to the core city schools and requiring petitioners to prove de jure segregation for each area that they sought to have desegregated. that court nevertheless found that the segregated core city schools were educationally inferior to "white" schools elsewhere in the district and, relying on plessy v. ferguson, 163 u. s. 537 , ordered the respondents to provide substantially equal facilities for those schools. this latter relief was reversed by the court of appeals, which affirmed the park hill ruling and agreed that park hill segregation, even though deliberate, proved nothing regarding an overall policy of segregation. held: 1. the district court, for purposes of defining a "segregated" core city school, .....

Tag this Judgment!


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