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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1976 Page 7 of about 89 results (0.057 seconds)

Apr 20 1976 (FN)

Baxter Vs. Palmigiano

Court : US Supreme Court

Decided on : Apr-20-1976

..... on palmigiano -- 30 days in punitive segregation and a downgraded classification -- made costly the exercise of the privilege no less than loss of government page 425 u. s. 332 contracts or discharge from a state job. even accepting the court's assertion that a disciplinary conviction does not automatically follow from an inmate's silence, in sanctioning reliance on silence ..... not compel an individual to give incriminating answers. 414 u.s. at 414 u. s. 79 . [ footnote 2/4 ] a "substantial economic sanction" in the form of loss of contracts was held sufficient to constitute compulsion within the meaning of the fifth amendment. id. at 414 u. s. 82 . the penalty, again imposed in a noncriminal context, was held to ..... where refusal to submit to interrogation and to waive the fifth amendment privilege, standing alone and without regard to the other evidence, resulted in loss of employment or opportunity to contract with the state. there, failure to respond to interrogation was treated as a final admission of guilt. here, palmigiano remained silent at the hearing in the face of evidence ..... respond or to object to later use of the incriminating statements in criminal prosecutions; and, upon refusal to waive, automatically page 425 u. s. 317 terminated employment or eligibility to contract with the state. holding that the state could not constitutionally seek to compel testimony that had not been immunized by threats of serious economic reprisal, we invalidated the challenged statutes .....

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Apr 20 1976 (FN)

Hills Vs. Gautreaux

Court : US Supreme Court

Decided on : Apr-20-1976

..... 35 billion for all federally subsidized housing programs. the comparable figures for fiscal year 1976 indicate that $22.725 billion of a total of $24.8 billion in new contract commitments are to be made under the 8 program. see hearings on department of housing and urban development -- independent agencies appropriations for 1976, before a subcommittee of the ..... under the 8 lower-income housing assistance program, which has largely replaced the older federal low-income housing programs, [ footnote 19 ] hud page 425 u. s. 304 may contract directly with private owners to make leased housing units available to eligible lower income persons. [ footnote 20 ] as hud has acknowledged in this case, "local governmental approval is no ..... established in the milliken case. hud's discretion regarding the selection of housing proposals to assist with funding as well as its authority under a recent statute to contract for low-income housing directly with private owners and developers can clearly be directed toward providing relief to the respondents in the greater chicago metropolitan area without preempting the ..... that were not implicated in hud's unconstitutional conduct. under the 8 lower-income housing assistance program of the housing and community development act of 1974, hud may contract directly with private owners and developers to make leased housing units available to eligible lower income persons, with local governmental units retaining the right to comment on specific proposals .....

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Mar 30 1976 (FN)

United States Vs. United Continental Tuna Corp.

Court : US Supreme Court

Decided on : Mar-30-1976

..... eastern s.s. lines v. united states, 187 f.2d 956 (ca1 1951), the court of appeals affirmed the dismissal of a vessel owner's contract claim against the united states for the amount necessary to recondition its vessel as a cargo and passenger ship after the army had used it for troop transport ..... to make as certain as possible that suits brought against the united states for damages caused by vessels and employees of the united states through breach of contract or tort can be originally filed in the correct court so as to proceed to trial promptly on their merits. [ footnote 13 ]" two amendments were ..... .s.c. 1346(a)(2), 1491. a plaintiff with a contract claim against the united states for more than $10,000 often found himself in a page 425 u. s. 173 difficult position. he had to choose ..... law side of the district courts under the federal tort claims act. 28 u.s.c. 1346(b), 2671 et seq. more importantly for our purposes, contract claims not encompassed by either act fell within the tucker act, which lodged exclusive jurisdiction in the court of claims for claims exceeding $10,000. 28 u ..... a merchant vessel" proviso merely to remove uncertainty a to the proper forum in which to bring a maritime claim against the united states, especially a contract claim, where it had been uncertain whether it should be brought on the admiralty side of a district court under the suits in admiralty act or public .....

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Mar 30 1976 (FN)

Ernst and Ernst Vs. Hochfelder

Court : US Supreme Court

Decided on : Mar-30-1976

..... u. s. 192 the court reasoned that ernst & ernst had a common law and statutory duty of inquiry into the adequacy of first securities' internal control system because it had contracted to audit first securities and to prepare for filing with the commission the annual report of first securities' financial condition required under 17 of the 1934 act and rule 17a ..... imposed a "direct duty" to the respondents. 503 f.2d at 1105. the court held that ernst & ernst owed no common law duty of inquiry to respondents arising from its contract with first securities, since ernst & ernst did not specifically foresee that respondents' limited class might suffer from a negligent audit, compare glanzer v. shepard, 233 n.y. 236, 135 n .....

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Mar 30 1976 (FN)

Beer Vs. United States

Court : US Supreme Court

Decided on : Mar-30-1976

beer v. united states - 425 u.s. 130 (1976) u.s. supreme court beer v. united states, 425 u.s. 130 (1976) beer v. united states no. 73-1869 argued march 26, 1975 reargued november 12, 1975 decided march 30, 1976 425 u.s. 130 appeal from the united states district court for the district of columbia syllabus the 1954 new orleans city charter provides for a seven-member city council, with one member being elected from each of five councilmanic districts, and two being elected by the voters of the city at large. in 1961 the council, as it was required to do after each decennial census, redistricted the city based on the 1960 census so that, in one councilmanic district, negroes constituted a majority of the population, but only about half of the registered voters, and, in the other four districts, white voters outnumbered negroes. no negro was elected to the council from 1960 to 1970. after the 1970 census, the council devised a reapportionment plan, under which there would be negro population majorities in two councilmanic districts and a negro voter majority in one. section 5 of the voting rights act of 1965 prohibits a state or political subdivision subject to 4 of the act (as new orleans is) from enforcing a proposed change in voting procedures unless it has obtained a declaratory judgment from the district court of the district of columbia that such change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or .....

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Mar 24 1976 (FN)

Franks Vs. Bowman Transportation Co., Inc.

Court : US Supreme Court

Decided on : Mar-24-1976

..... on management 10115 (1960). seniority principles are increasingly used to allocate entitlements to scarce benefits among competing employees ("competitive status" seniority) and to compute noncompetitive benefits earned under the contract of employment ("benefit" seniority). ibid. we have already said about "competitive status" seniority that it "has become of overriding importance, and one of its major functions is to ..... there is no argument that the award of retroactive seniority to the victims of hiring discrimination in any way deprives other employees of indefeasibly vested rights conferred by the employment contract. this court has long held that employee expectations arising from a seniority system agreement may be modified by statutes furthering a strong public policy interest. [ footnote 40 ] ..... of seniority. this is not correct. title vii would have no effect on seniority rights existing at the time it takes effect. if, for example, a collective bargaining contract provides that, in the event of layoffs, those who were hired last must be laid off first, such a provision would not be affected in the least by ..... pertinent to the issue of seniority: "question. would the same situation prevail in respect to promotions, when that management function is governed by a labor contract calling for promotions on the basis of seniority? what of dismissals? normally, labor contracts call for 'last hired, first fired.' if the last hired are negroes, is the employer discriminating if his .....

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Mar 24 1976 (FN)

Middendorf Vs. Henry

Court : US Supreme Court

Decided on : Mar-24-1976

middendorf v. henry - 425 u.s. 25 (1976) u.s. supreme court middendorf v. henry, 425 u.s. 25 (1976) middendorf v. henry no. 74-175 argued january 22, 1975 reargued november 5, 1975 decided march 24, 1976 * 425 u.s. 25 certiorari to the united states court of appeals for the ninth circuit syllabus the uniform code of military justice (ucmj) provides four methods of disposing of cases involving servicemen's offenses: general, special, and summary courts-martial, and disciplinary punishment pursuant to art. 15 of the ucmj. general courts-martial and special courts-martial, which may impose substantial penalties, resemble judicial proceedings, nearly always presided over by lawyer judges, with lawyer counsel for both sides. article 15 punishment, conducted personally by the accused's commanding officer, is an administrative method of dealing with most minor offenses. a summary court-martial, lying in between the informal art. 15 procedure and the judicial procedures of general and special courts-martial, is designed "to exercise justice promptly for relatively minor offenses" in an informal proceeding conducted by a single commissioned officer, acting as judge, factfinder, prosecutor, and defense counsel (with jurisdiction only over noncommissioned officers and other enlisted personnel), who can impose as maximum sentences: 30 days' confinement at hard labor or 45 days' hard labor without confinement; two months' restriction to specified limits; reduction to the lowest enlisted .....

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Mar 24 1976 (FN)

Abbott Laboratories Vs. Portland Retail Druggists

Court : US Supreme Court

Decided on : Mar-24-1976

abbott laboratories v. portland retail druggists - 425 u.s. 1 (1976) u.s. supreme court abbott laboratories v. portland retail druggists, 425 u.s. 1 (1976) abbott laboratories v. portland retail druggists assn., inc. no. 74-1274 argued december 16, 1975 decided march 24, 1976 425 u.s. 1 certiorari to the united states court of appeals for the ninth circuit syllabus respondent, as assignee of more than 60 commercial pharmacies, brought this antitrust action against petitioner manufacturers, charging that, by selling drugs to certain hospitals, each of which has a pharmacy, at prices lower than those charged to respondent's assignors, petitioners violated the robinson-patman act, which makes it unlawful for one engaged in commerce to discriminate in price between different purchasers of like commodities where "the effect . . . may be substantially to lessen competition." 15 u.s.c. 13(a). petitioners claimed that the challenged sales were exempt under the nonprofit institutions act, which, inter alia, excludes from the application of the robinson-patman act nonprofit hospitals' "purchases of their supplies for their own use." 13c. the district court ruled on the basis of the evidence adduced that the hospitals involved were nonprofit, and that their drug purchases were "for their own use" within the meaning of 13c, and granted summary judgment in favor of petitioners. the court of appeals vacated and remanded. while agreeing that the designated hospitals were nonprofit, that .....

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Mar 24 1976 (FN)

Greer Vs. Spock

Court : US Supreme Court

Decided on : Mar-24-1976

greer v. spock - 424 u.s. 828 (1976) u.s. supreme court greer v. spock, 424 u.s. 828 (1976) greer v. spock no. 74-848 argued november 5, 1975 decided march 24, 1976 424 u.s. 828 certiorari to the united states court of appeals for the third circuit syllabus fort dix, a federal military reservation devoted primarily to basic training for newly inducted army personnel, and over which the government exercises exclusive jurisdiction, permits free civilian access to certain unrestricted areas. however, post regulations ban speeches and demonstrations of a partisan political nature and also prohibit the distribution of literature without prior approval of post headquarters. pursuant to these regulations, the commanding officer of fort dix rejected the request of respondent candidates for president and vice president to distribute campaign literature and hold a political meeting on the post and the other respondents, who had been evicted on several occasions for distributing literature not previously approved, were barred from reentering the post. respondents brought suit to enjoin enforcement of these regulations on the ground that they violated the first and fifth amendments. the district court issued an injunction prohibiting the military authorities from interfering with the making of political speeches or the distribution of leaflets in areas of fort dix open to the general public, and the court of appeals affirmed. held: 1. the regulations are not constitutionally invalid on .....

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Mar 24 1976 (FN)

Carey Vs. Sugar

Court : US Supreme Court

Decided on : Mar-24-1976

..... publications, inc. (champion), in a new york state court. the complaint alleged that curtis had advanced over $100,000 -- of which $28,588.08 remained unpaid -- to champion under a contract with champion pursuant to which champion had agreed to permit curtis to market certain identified sports magazines. it further alleged that sugar, who owned and operated champion, had caused title ..... property, or removed it from the state or is about to do any of these acts; or" "5. the defendant, in an action upon a contract, express or implied, has been guilty of a fraud in contracting or incurring the liability; or" " * * * *" "8. there is a cause of action to recover damages for the conversion of personal property, or for fraud or .....

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