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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1976 Page 5 of about 89 results (0.055 seconds)

Jun 07 1976 (FN)

Radzanower Vs. Touche Ross and Co.

Court : US Supreme Court

Decided on : Jun-07-1976

radzanower v. touche ross & co. - 426 u.s. 148 (1976) u.s. supreme court radzanower v. touche ross & co., 426 u.s. 148 (1976) radzanower v. touche ross & co. * no. 75-268 argued march 30, 1976 decided june 7, 1976 426 u.s. 148 certiorari to the united states court of appeals for the second circuit syllabus venue in a suit against a national banking association charged with violating the securities exchange act of 1934 held to be governed by the venue provision of the national bank act, 12 u.s.c. 94, which provides that an action against a national banking association may be had in any federal district court within the district in which such association may be established, rather than by 27 of the securities exchange act, which provides that any action to enforce any liability or duty under that act may be brought in any district where the violation occurred or in the district wherein the defendant is found or transacts business. pp. 426 u. s. 152 -158. (a) under a basic principle of statutory construction, "[w]here there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment." morton v. mancari, 417 u. s. 535 , 417 u. s. 550 -551. pp. 153-154. (b) a pro tanto repeal of 94 by implication is not indicated on the ground that the two acts are irreconcilable, since the underlying purpose of the securities exchange act (enacted 70 years after the national bank act) was, not to regulate the .....

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Jun 07 1976 (FN)

Hancock Vs. Train

Court : US Supreme Court

Decided on : Jun-07-1976

..... ] two tva facilities are involved, the shawnee and paradise power plants. [ footnote 23 ] the aec facility is the paducah gaseous diffusion plant for the production of enriched uranium, operated under contract by the union carbide corp. since the commission initiated its efforts to secure a permit application from the aec or its contractor, the energy research and development administration has succeeded .....

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Jun 07 1976 (FN)

Nader Vs. Allegheny Airlines, Inc.

Court : US Supreme Court

Decided on : Jun-07-1976

nader v. allegheny airlines, inc. - 426 u.s. 290 (1976) u.s. supreme court nader v. allegheny airlines, inc., 426 u.s. 290 (1976) nader v. allegheny airlines, inc. no. 75-455 argued march 24, 1976 decided june 7, 1976 426 u.s. 290 certiorari to the united states court of appeals for the district of columbia circuit syllabus shortly before his scheduled departure from washington, d.c. to connecticut, where he was to fulfill speaking engagements, petitioner, who had reserved a seat on one of respondent's hartford flights arrived at the check-in area, but was advised that he could not be accommodated because all the seats were occupied. after refusing the tender of respondent, which concededly overbooked the flight, of denied boarding compensation, petitioner brought a common law action against respondent based on an alleged fraudulent misrepresentation arising from respondent's failure to apprise petitioner of its deliberate overbooking practices, and a statutory action under 404(b) of the federal aviation act of 1958, arising from respondent's failure to afford petitioner the boarding priority specified in its rules filed with the civil aeronautics board (cab). the district court entered judgment and awarded compensatory and punitive damages on both claims. the court of appeals remanded petitioner's statutory claim for further findings and reversed the award of punitive damages on that claim. the question of punitive damages for the common law claim was remanded for further .....

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Jun 01 1976 (FN)

United States Vs. Orleans

Court : US Supreme Court

Decided on : Jun-01-1976

..... to determine its compliance with the contract, the contract did not authorize the united states to physically supervise the jail's employees. in short, it could take action to compel compliance with federal standards, but it did not ..... largesse and cover countless unidentifiable classes of "beneficiaries." the federal government in no sense controls "the detailed physical performance" of all the programs and projects it finances by gifts, grants, contracts, or loans. logue v. united states, supra at 412 u. s. 528 . the underlying statute emphasizes that a community action agency is a local, not a federal, enterprise; ..... to-day operations are supervised by the federal government. [ footnote 4 ] billions of dollars of federal money are spent each year on projects performed by people and institutions which contract with the government. these contractors act for and are paid by the united states. they are responsible to the united states for compliance with the page 425 u. s. ..... prisons were not federal employees page 425 u. s. 815 or employees of a federal agency; thus, the united states was not liable for their torts. although the contract required the county jail to comply with bureau of prisons' rules and regulations prescribing standards of treatment, and although the united states reserved rights of inspection to enter the jail .....

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Jun 01 1976 (FN)

Chandler Vs. Roudebush

Court : US Supreme Court

Decided on : Jun-01-1976

..... . s. 709 , involved review of agency action under the wunderlich act, which provided that a governmental decision on a question of fact arising under a "disputes" clause of a government contract should be final and conclusive "'unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial .....

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Jun 01 1976 (FN)

Brown Vs. Gsa

Court : US Supreme Court

Decided on : Jun-01-1976

..... engineers had discriminatorily refused to promote him. damages for alleged discrimination were held beyond the scope of the tucker act, 28 u.s.c. 1346, since no express or implied contract was involved. 415 f.2d at 1278. and the plaintiff's cause of action under the administrative procedure act, 5 u.s.c. 701-706, and the mandamus act, 28 .....

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Jun 01 1976 (FN)

TraIn Vs. Colorado Pub. Int. Research Group, Inc.

Court : US Supreme Court

Decided on : Jun-01-1976

train v. colorado pub. int. research group, inc. - 426 u.s. 1 (1976) u.s. supreme court train v. colorado pub. int. research group, inc., 426 u.s. 1 (1976) train v. colorado public interest research group, inc. no. 74-1270 argued december 9, 1975 decided june 1, 1976 426 u.s. 1 certiorari to the united states court of appeals for the tenth circuit syllabus the federal water pollution control act (fwpca) makes it unlawful to discharge "pollutants" into navigable waters without a permit from the administrator of the environmental protection agency (epa), and defines the term "pollutant" to include, inter alia, "radioactive materials." the atomic energy act (aea) regulates the production, possession, and use of three types of radioactive materials -- source, byproduct, and special nuclear materials -- and, pursuant to its authority under the aea, the atomic energy commission (aec) (now succeeded in this capacity by the nuclear regulatory commission) has issued regulations governing the discharge of such materials into the environment by aea licensees. after the epa administrator had disclaimed any authority under the fwpca to regulate the discharge of these three types of radioactive materials covered by the aea, respondents, who claimed potential harm from the discharge of radioactive effluents from two nuclear plants in colorado operated in conformity with aec standards, brought suit against petitioners, page 426 u. s. 2 the epa and its administrator, seeking a declaration .....

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May 24 1976 (FN)

Alfred Dunhill of London, Inc. Vs. Republic of Cuba

Court : US Supreme Court

Decided on : May-24-1976

..... page 425 u. s. 718 the court of appeals held that dunhill's claim for return of the monies paid to the interventors for pre-intervention shipments sounds in quasi -contract; it arises, the court observed, not from dunhill's contractual obligation to the owners, which is situated in new york, but from the interventors' receipt, appropriation, and ..... courts of the united states is most inconsistent with the action of the government of the united states in subjecting itself to suit in these same courts in both contract and tort, and with its long established policy of not claiming immunity in foreign jurisdictions for its merchant vessels. finally, the department feels that the widespread and ..... (schmitthoff ed.1964) (hereinafter schmitthoff); v. knapp, the function, organization and activities of foreign trade corporations in the european socialist countries, schmitthoff 52; a. goldstajn, international conventions and standard contracts as means of escaping from the application of municipal law -- i, schmitthoff 103; t. ionasco & i. nestor, the limits of party autonomy -- i, schmitthoff 167; and schmitthoff, introduction ..... an issue are for our foreign relations, the weaker the justification for exclusivity in the political branches." [ footnote 17 ] schmitthoff, the unification or harmonisation of law by means of standard contracts and general conditions, 17 int'l & comp.l.q. 551, 563-564 (1968). see also a. lowenfeld, international private trade 1-2 (1975); gal, the commercial law .....

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May 24 1976 (FN)

VA. Pharmacy Bd. Vs. VA. Consumer Council

Court : US Supreme Court

Decided on : May-24-1976

va. pharmacy bd. v. va. consumer council - 425 u.s. 748 (1976) u.s. supreme court va. pharmacy bd. v. va. consumer council, 425 u.s. 748 (1976) virginia state board of pharmacy v. virginia citizens consumer council, inc. no. 74-895 argued november 11, 1975 decided may 24, 1976 425 u.s. 748 appeal from the united states district court for the eastern district of virginia syllabus appellees, as consumers of prescription drugs, brought suit against the virginia state board of pharmacy and its individual members, appellants herein, challenging the validity under the first and fourteenth amendments of a virginia statute declaring it unprofessional conduct for a licensed pharmacist to advertise the prices of prescription drugs. a three-judge district court declared the statute void and enjoined appellants from enforcing it. held: 1. any first amendment protection enjoyed by advertisers seeking to disseminate prescription drug price information is also enjoyed, and thus may be asserted, by appellees as recipients of such information. pp. 425 u. s. 756 -757. 2. "commercial speech" is not wholly outside the protection of the first and fourteenth amendments, and the virginia statute is therefore invalid. pp. 425 u. s. 761 -773. (a) that the advertiser's interest in a commercial advertisement is purely economic does not disqualify him from protection under the first and fourteenth amendments. both the individual consumer and society in general may have strong interests in the free flow .....

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May 24 1976 (FN)

Hospital Bldg. Co. Vs. Trustees of Rex Hosp.

Court : US Supreme Court

Decided on : May-24-1976

..... conduct was occurring in interstate commerce, or that it had or would have a substantial effect on interstate commerce. page 425 u. s. 743 ii the sherman act prohibits every contract, combination, or conspiracy "in restraint of trade or commerce among the several states," 15 u.s.c. 1, and also prohibits monopolizing "any part of the trade or commerce among .....

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