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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1976 Page 1 of about 89 results (0.104 seconds)

Jun 14 1976 (FN)

Massachusetts Mut. Life Ins. Co. Vs. Ludwig

Court : US Supreme Court

Decided on : Jun-14-1976

..... recover benefits under the double indemnity provision. the district court held that, under illinois conflict of laws rules, the law of the situs of the contract (michigan) applied, and that, under michigan law, the insurer was liable only for ordinary benefits. the administrator appealed. the insurer ..... track in order to board a commuter train which had not yet arrived at the station. the insurer paid cane's estate ordinary benefits, but denied liability under the double indemnity provision of the policy. page 426 u. s. 480 the administrator of cane's estate (respondent) sued the insurer in the district court for the northern district of illinois to ..... f.2d 376, vacated and remanded. per curiam. this is a diversity case. petitioner (the insurer) issued a life insurance policy in michigan to dean e. cane providing for double indemnity if cane's "death was the result of an injury sustained while the insured was a passenger in or upon a public conveyance then being operated by a common carrier ..... writ of certiorari to the united states court of appeals for the seventh circuit syllabus in a diversity action by respondent administrator against petitioner insurer for recovery under the double indemnity provision of a life insurance policy issued in michigan to respondent's decedent, who was killed in illinois, the district court ruled that, under illinois conflict of laws rules, michigan .....

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Mar 11 1976 (SC)

Union of India (Uoi) and ors. Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Decided on : Mar-11-1976

Reported in : AIR1976SC1414; (1976)3SCC32; [1976]3SCR614; 1976(8)LC328(SC)

..... can be done by money, be placed in the same position as he would have been in if the contract had been performed. the rule as to market price is intended to secure only an indemnity to the purchaser. the market value is taken because it is presumed to be the true value of ..... from the breach. therefore, the principle is that as far as possible the injured party should be placed in as good a situation as if the contract had been performed, in other words, it is to provide compensation for pecuniary loss which naturally flows from the breach. the high court correctly applied these ..... court passed decrees awarding the respondents price of sugar and costs of damages and interest pendente lite and future interest.21. the appellant contended that the contract price should not have been awarded. the high court said that the evidence of plaintiff's witness gaya prasad showed the selling rate of sugar and ..... principles and adopted the contract price in the facts and circumstances of the case as the correct basis for compensation.23. for these reasons, the judgment of the high court is ..... the goods to the purchaser. one of the principles for award of damages is that as for at possible he who was proved a breach of a bargain to supply what he has contracted .....

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Dec 20 1976 (FN)

Electrical Workers Vs. Robbins and Myers, Inc.

Court : US Supreme Court

Decided on : Dec-20-1976

..... asserting the same statutory claim in a different forum, nor giving notice to respondent of that statutory claim, but was asserting an independent claim based on a contract right, alexander v. gardner-denver co., supra at 415 u. s. 53 -54, 415 u. s. 56 -58. burnett cannot aid this ..... agency, 421 u. s. 454 (1975). in alexander, we held that an arbitrator's decision pursuant to provisions in a collective bargaining contract was not binding on an individual seeking to pursue his title vii remedies in court. we reasoned that the contractual rights under a collective bargaining agreement ..... petitioners' arguments for tolling the statutory period for filing a claim with the eeoc during the pendency of grievance or arbitration procedures under the collective bargaining contract are virtually foreclosed by our decisions in alexander v. gardner-denver co., 415 u. s. 36 (1974), and in johnson v. railway express ..... certiorari, 425 u.s. 950, to resolve an apparent circuit conflict on two of these issues: tolling during the pendency of a collective bargaining contract's grievance mechanism, [ footnote 3 ] and the applicability of the 1972 amendments page 429 u. s. 234 to charges filed more than 90 ..... . pp. 429 u. s. 236 -240. (a) petitioner guy, by pursuing the grievance procedures, was asserting an independent claim based on a contract right, and was in no way thereby prevented from filing her charge with the eeoc within 90 days of her discharge. application of equitable principles to toll .....

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Dec 08 1976 (FN)

Madison Sch. Dist. Vs. WisconsIn Empl. Rel. Comm'n

Court : US Supreme Court

Decided on : Dec-08-1976

..... first amendment concepts extraordinarily to hold that dissident teachers could not communicate those views directly to the very decisionmaking body charged by law with making the choices raised by the contract renewal demands. [ footnote 11 ] counsel for the union conceded at oral argument that the werc order was constitutionally overbroad, but asked the court to narrow it simply ..... with a representative of a majority of its employes in an appropriate collective bargaining unit. such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or factfinding concerning the terms and conditions of a new collective ..... committee composed of representatives from all concerned groups." "2) the findings of this study be made public." "3) this impartial committee will ballot (written) all persons affected by the contract agreement for their opinion on the fair-share proposal." "4) the results of this written ballot be made public." [ footnote 4 ] the statute provides in relevant part: "(3) ..... a proposal acceding to all of the union's demands with the exception of "fair share." during a negotiating session, the following morning, mti accepted the proposal and a contract was signed on december 14, 1971. (1) in january, 1972, mti filed a complaint with the wisconsin employment relations commission (werc) claiming that the board had committed .....

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Jul 06 1976 (FN)

Cantor Vs. Detroit Edison Co.

Court : US Supreme Court

Decided on : Jul-06-1976

..... permissibly impose restraints on competition. for example, in 1937, congress passed the miller-tydings act, which attached a proviso to 1 of the sherman act permitting resale price maintenance contracts where such contracts were permitted by applicable state law. this proviso was interpreted in schwegmann bros. v. calvert distillers corp., 341 u. s. 384 , not to permit a state to ..... state law forbidding combinations in restraint of trade provided the model for the federal act. as senator sherman stated with respect to the proposed legislation: "it declares that certain contracts are against public policy, null and void. it does not announce a new principle of law, but applies old and well recognized principles of the common law to the ..... operation of the sherman act. if a state had no antitrust policy of its own, anticompetitive combinations of all kinds would be sanctioned and enforced under that state's general contract and corporation law. yet there has never been any doubt that, if such combinations offend the sherman act, they are illegal, and state laws to that extent are overridden. ..... to restrain competition and attempts to monopolize by individuals and corporations abundantly appears from its legislative history." " * * * *" "the state, in adopting and enforcing the prorate program, made no contract or agreement, and entered into no conspiracy in restraint of trade or to establish monopoly, but, as sovereign, imposed the restraint as an act of government which the sherman act .....

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Jul 06 1976 (FN)

Buffalo Forge Co. Vs. Steelworkers

Court : US Supreme Court

Decided on : Jul-06-1976

..... some effective method of assuring freedom from economic warfare for the term of the agreement, there is little reason why an employer would desire to sign such a contract." " consequently, to encourage the making of agreements and to promote industrial peace through faithful performance by the parties, collective agreements affecting interstate commerce should be enforceable in ..... as it was in boys markets, that such injunctions pending arbitration are essential to carry out promises to arbitrate and to implement the private arrangements for the administration of the contract. as is typical, the agreements in this case outline the pre-arbitration settlement procedures and provide that, if the grievance "has not been . . . satisfactorily adjusted," ..... arbitration procedures, thus cutting deeply into the norris-laguardia act's policy and making courts potential participants in a wide range of arbitrable disputes under many collective bargaining contracts, not just for the purpose of enforcing promises to arbitrate, but for the purpose of preliminarily dealing with the factual and interpretative issues that are subjects for ..... the second circuit syllabus after petitioner employer's "office clerical-technical" (o&t;) employees went on strike and picketed petitioner's plants during negotiations for a collective bargaining contract, petitioner's production and maintenance (p&m;) employees, who are represented by respondent unions, honored the o&t; picket lines and stopped work in support of .....

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Jul 02 1976 (FN)

Roberts Vs. Louisiana

Court : US Supreme Court

Decided on : Jul-02-1976

roberts v. louisiana - 428 u.s. 325 (1976) u.s. supreme court roberts v. louisiana, 428 u.s. 325 (1976) roberts v. louisiana no. 75-5844 argued march 30-31, 1976 decided july 2, 1976 428 u.s. 325 certiorari to the supreme court of louisiana syllabus petitioner was found guilty of first-degree murder and sentenced to death under amended louisiana statutes enacted after this court's decision in furman v. georgia, 408 u. s. 238 . the louisiana supreme court affirmed, rejecting petitioner's contention that the new procedure for imposing the death penalty is unconstitutional. the post- furman legislation mandates imposition of the death penalty whenever, with respect to five categories of homicide (here, killing during the perpetration of an armed robbery), the jury finds the defendant had a specific intent to kill or to inflict great bodily harm. if a verdict of guilty of first-degree murder is returned, death is mandated regardless of any mercy recommendation. every jury is instructed on the crimes of second-degree murder and manslaughter and permitted to consider those verdicts even if no evidence supports the lesser verdicts; and, if a lesser verdict is returned it is treated as an acquittal of all greater charges. held: the judgment is reversed insofar as it upheld the death sentence, and the case is remanded. pp. 428 u. s. 331 -336; 428 u. s. 336 ; 428 u. s. 336 -337. 319 so.2d 317, reversed and remanded. mr. justice stewart, mr. justice powell, and mr. justice stevens .....

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Jun 29 1976 (FN)

Mathews Vs. Lucas

Court : US Supreme Court

Decided on : Jun-29-1976

..... his paternity in writing; that his paternity or support obligations had not been the subject of a judicial proceeding during his lifetime; that no common law marriage had ever been contracted between cuffee and lucas, so that the children could not inherit cuffee's personal property under the intestacy law of rhode island; and that, at the time of his death .....

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Jun 28 1976 (FN)

Kleppe Vs. Sierra Club

Court : US Supreme Court

Decided on : Jun-28-1976

kleppe v. sierra club - 427 u.s. 390 (1976) u.s. supreme court kleppe v. sierra club, 427 u.s. 390 (1976) kleppe v. sierra club no. 75-552 argued april 28, 1976 decided june 28, 1976 * 427 u.s. 390 certiorari to the united states court of appeals for the district of columbia circuit syllabus section 102(2)(c) of the national environmental policy act of 1969 (nepa) requires that all federal agencies include an environmental impact statement (eis) "in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment." respondent environmental organizations, alleging a widespread interest in the rich coal reserves of the "northern great plains region" (embracing parts of wyoming, montana, north dakota, and south dakota) and a threat from coal-related operations to their members' enjoyment of the region's environment, brought suit against petitioner officials of the department of the interior and other federal agencies responsible for issuing coal leases, approving mining plans, and taking other actions to enable private companies and public utilities to develop coal reserves on federally owned or controlled land. respondents claimed that petitioners could not allow further development of coal reserves in the region without preparing a comprehensive eis under 102(2)(c) on the entire region, and sought declaratory and injunctive relief. the district court, on the basis of extensive findings of .....

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Jun 25 1976 (FN)

Runyon Vs. Mccrary

Court : US Supreme Court

Decided on : Jun-25-1976

..... to contemplate. as the associational or contractual relationships become more private, the pressures to hold 1981 inapplicable to them will increase. imaginative judicial construction of the word "contract" is foreseeable; thirteenth amendment limitations on congress' power to ban "badges and incidents of slavery" may be discovered; the doctrine of the right to association may ..... decisions -- particularly coupled with the court's decision in mcdonald, supra, that whites have a cause of action against others including blacks for racially motivated refusals to contract -- threatens to embark the judiciary on a treacherous course. whether such conduct should be condoned or not, whites and blacks will undoubtedly choose to form a variety ..... that congress would have intended -- without a word in the legislative history addressed to the precise issue -- to pass a statute prohibiting every racially motivated refusal to contract by a private individual. it is doubtful that all such refusals could be considered badges or incidents of slavery within congress' proscriptive power under the thirteenth amendment. ..... from the state." (emphasis added.) they argue that this statement supports their contention that 1981 does not proscribe private racial discrimination that interferes with the formation of contracts for educational services. but norwood involved no issue concerning the applicability of 1981 to such discrimination. the question there was rather whether a state statute providing free .....

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