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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1976 Page 9 of about 89 results (0.056 seconds)

Feb 24 1976 (FN)

Mathews Vs. Eldridge

Court : US Supreme Court

Decided on : Feb-24-1976

mathews v. eldridge - 424 u.s. 319 (1976) u.s. supreme court mathews v. eldridge, 424 u.s. 319 (1976) mathews v. eldridge no. 74-204 argued october 6, 1975 decided february 24, 1976 424 u.s. 319 certiorari to the united states court of appeals for the fourth circuit syllabus in order to establish initial and continued entitlement to disability benefits under the social security act (act), a worker must demonstrate that, inter alia, he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment. . . ." the worker bears the continuing burden of showing, by means of "medically acceptable . . . techniques" that his impairment is of such severity that he cannot perform his previous work or any other kind of gainful work. a state agency makes the continuing assessment of the worker's eligibility for benefits, obtaining information from the worker and his sources of medical treatment. the agency may arrange for an independent medical examination to resolve conflicting information. if the agency's tentative assessment of the beneficiary's condition differs from his own, the beneficiary is informed that his benefits may be terminated, is provided a summary of the evidence, and afforded an opportunity to review the agency's evidence. the state agency then makes a final determination, which is reviewed by the social security administration (ssa). if the ssa accepts the agency determination, it gives written notification .....

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Jan 30 1976 (FN)

Buckley Vs. Valeo

Court : US Supreme Court

Decided on : Jan-30-1976

..... such gift, subscription, loan, advance, or deposit of money, or anything of value, is made for the purpose of influencing the result of a primary election; (b) means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (c) means funds received by a political committee which are transferred to that ..... congress, at any time between the commencement of negotiations for and the later of -- (1) the completion of performance under, or (2) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land or buildings, directly or indirectly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any ..... in a labor organization or as a condition of employment, or by monies obtained in any commercial transaction. 611. contributions by government contractors. whoever -- (a) entering into any contract with the united states or any department or agency thereof either page 424 u. s. 198 for the rendition of personal services or furnishing any material, supplies, or equipment to ..... the commission to serve as a national clearinghouse for information in respect to the administration of elections. in carrying out its duties under this subsection, the commission shall enter into contracts for the purpose of conducting independent page 424 u. s. 175 studies of the administration of elections. such studies shall include, but shall not be limited to, studies of .....

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Jan 21 1976 (FN)

Rizzo Vs. Goode

Court : US Supreme Court

Decided on : Jan-21-1976

rizzo v. goode - 423 u.s. 362 (1976) u.s. supreme court rizzo v. goode, 423 u.s. 362 (1976) rizzo v. goode no. 74-942 argued november 11, 1975 decided january 21, 1976 423 u.s. 362 certiorari to the united states court of appeals for the third circuit syllabus two suits, permitted to proceed as class actions, were brought in district court under 42 u.s.c. 1983 by respondents, individuals and organizations, against petitioners, the mayor of philadelphia, the police commissioner, and others, alleging a pervasive pattern of illegal and unconstitutional police mistreatment of minority citizens in particular, and philadelphia residents in general. the petitioners were charged with misconduct ranging from express authorization or encouragement of the mistreatment to failure to act in such a way as to avoid recurrence. the principal antagonists involved in one case were two police officers, not named as parties, who were found to have violated complainants' constitutional rights in three of eight incidents as to which the district court made detailed factual findings and as to which a five-day suspension had resulted in one incident and no disciplinary action in another. in the other case, in only two of 28 incidents did the district court conclude that the police conduct amounted to a deprivation of a federally secured right; it found no police misconduct in four incidents; in another, departmental policy was subsequently changed; and, though the court made no comment on the .....

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Jan 20 1976 (FN)

thermtron Products, Inc. Vs. Hermansdorfer

Court : US Supreme Court

Decided on : Jan-20-1976

thermtron products, inc. v. hermansdorfer - 423 u.s. 336 (1976) u.s. supreme court thermtron products, inc. v. hermansdorfer, 423 u.s. 336 (1976) thermtron products, inc. v. hermansdorfer no. 74-206 argued october 7, 1975 decided january 20, 1976 423 u.s. 336 certiorari to the united states court of appeals for the sixth circuit syllabus title 28 u.s.c. 1441(a) provides that "any civil action brought in a state court of which the district courts of the united states have original jurisdiction" may be removed by the defendant to the federal district court, and 1446 provides the removal procedure. section 1447(c) provides for remand to the state court on the ground that the case was removed "improvidently and without jurisdiction," and 1447(d) imposes a general bar against appellate review of a remand order. after two citizens of kentucky had brought a damages action against petitioners, an indiana corporation and its employee, a citizen of indiana, petitioners removed the action to the federal district court under 1441(a) and 1446. thereafter respondent, the district judge, though conceding that petitioners had the statutory right to remove the action to federal court, ordered the case remanded to the state court for trial, solely on the ground that his heavy docket would unjustly delay the plaintiffs from going to trial on the merits. petitioners then filed in the court of appeals an alternative petition for a writ of mandamus or prohibition on the ground that the action had .....

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Jan 14 1976 (FN)

MichelIn Tire Corp. Vs. Wages

Court : US Supreme Court

Decided on : Jan-14-1976

michelin tire corp. v. wages - 423 u.s. 276 (1976) u.s. supreme court michelin tire corp. v. wages, 423 u.s. 276 (1976) michelin tire corp. v. wages no. 74-1396 argued october 15, 1975 -- decided january 14, 1976 423 u.s. 276 certiorari to the supreme court of georgia syllabus georgia's assessment of a nondiscriminatory ad valorem property tax against petitioner's inventory of imported tires maintained at its wholesale distribution warehouse in the state held not to be within the import-export clause's prohibition against states laying "any imposts or duties on imports." low v. austin, 13 wall. 29, overruled. pp. 423 u. s. 281 -302. (a) in the history of the import-export clause, whose purposes were to commit to the federal government the exclusive power to regulate foreign commerce and the exclusive right to all revenues from imposts and duties on imports, and to assure the free flow of imported goods among the states by prohibiting the taxing of goods merely flowing through seaboard states to other states, there is nothing to suggest that a nondiscriminatory ad valorem property tax imposed on imported goods that are no longer in import transit was the type of exaction that was regarded as objectionable by the framers of the constitution. pp. 423 u. s. 283 -286. (b) such nondiscriminatory property taxation cannot affect the federal government's exclusive regulation of foreign commerce, since such a tax does not fall on imports as such because of their place of origin, and .....

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Jan 14 1976 (FN)

United States Vs. Bornstein

Court : US Supreme Court

Decided on : Jan-14-1976

..... conclusion that it was "wholly beyond" the subcontractor's ability to foresee that 35 false claims would be generated by his fraud. evidence such as the terms of the prime contract, and the subcontract, the subcontractor's page 423 u. s. 324 experience in business generally and in government procurement particularly, and the closeness of the working relationship between ..... little relationship to the congressional purpose. the stipulated facts reveal a complex and altogether deliberate scheme to palm off cheaper, surplus tubes to the prime contractor, model. model had contracted to build radio kits for use by the army. the specifications page 423 u. s. 319 for the component parts reflected the army's understandable desire that military equipment ..... , what effect does that recovery have upon the government's right to recover double damages from the subcontractor? i in 1962, the united states entered into a $2,100,000 contract with model engineering & manufacturing corporation, inc. (model), for the provision of radio kits. each kit was to contain electron tubes that met certain specifications. model subcontracted with united ..... 8, 1975 decided january 14, 1976 423 u.s. 303 certiorari to the united states court of appeals for the third circuit syllabus a prime contractor (model) had a contract with the government to provide radio kits containing electron tubes meeting certain specifications. a subcontractor (united), which was to supply the tubes, sent to model in three separately invoiced .....

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Jan 13 1976 (FN)

Foremost-mckesson, Inc. Vs. Provident Securities Co.

Court : US Supreme Court

Decided on : Jan-13-1976

..... certificate of two of its executive officers to the foregoing effect." app. a134. the court of appeals agreed that conditions to performance might prevent a contract from being a "sale" prior to closing. but it ruled that all significant conditions here were satisfied when the registration statement required by paragraph 7 ..... an exempted security) within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... registered equity security within a period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... 7 ] section 3(a)(14) of the act, 15 u.s.c. 78c(a)(14), defines "sale" and "sell" to include "any contract to sell or otherwise dispose of." but provident argued that the october 28 closing date was the day of sale because contractual conditions prevented the ..... contract from becoming binding until closing. the underwriting agreement provided in paragraph 7: "7. termination of agreement: this agreement may be terminated, .....

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Jan 13 1976 (FN)

Laing Vs. United States

Court : US Supreme Court

Decided on : Jan-13-1976

laing v. united states - 423 u.s. 161 (1976) u.s. supreme court laing v. united states, 423 u.s. 161 (1976) laing v. united states no. 73-1808 argued january 21, 1975 reargued october 15, 1975 decided january 13, 1976 * 423 u.s. 161 certiorari to the united states court of appeals for the second circuit syllabus these cases involve two income tax payers whose taxable years were terminated by the internal revenue service (irs) prior to their normal expiration dates pursuant to the jeopardy termination provisions of 6851(a)(1) of the internal revenue code of 1954 (code), which allow the irs immediately to terminate a taxpayer's taxable period when it finds that the taxpayer intends to commit any act tending to prejudice or render ineffectual the collection of his income tax for the current or. preceding taxable year. under 6851, the tax is due immediately upon termination, and, upon such termination, the taxpayer's taxable year comes to a close. in each case, after the taxpayer failed to file a return or pay the tax assessed as demanded, the irs levied upon and seized property of the taxpayer without having sent a notice of deficiency to the taxpayer, a jurisdictional prerequisite to a taxpayer's suit in the tax court for redetermination of his tax liability, and without having followed the other procedures mandated by 6861 et seq. of the code for the assessment and collection of a deficiency whose collection is in jeopardy. the government contends that such procedures are .....

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Jan 13 1976 (FN)

Barrett Vs. United States

Court : US Supreme Court

Decided on : Jan-13-1976

barrett v. united states - 423 u.s. 212 (1976) u.s. supreme court barrett v. united states, 423 u.s. 212 (1976) barrett v. united states no. 74-5566 argued november 4, 1975 decided january 13, 1976 423 u.s. 212 certiorari to the united states court of appeals for the sixth circuit syllabus the provision of the gun control act of 1968, 18 u.s.c. 922(h), making it unlawful for a convicted felon, inter alia, "to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce," held to apply to a convicted felon's intrastate purchase from a retail dealer of a firearm that previously, but independently of the felon's receipt, had been transported in interstate commerce from the manufacturer to a distributor and then from the distributor to the dealer. pp. 423 u. s. 215 -225. 504 f.2d 629, affirmed. blackmun, j., delivered the opinion of the court, in which burger, c.j., and brennan, white, marshall, and powell, jj., joined. white, j., filed a concurring opinion, post, p. 423 u. s. 225 . stewart, j., filed a dissenting opinion, in which rehnquist, j., joined, post, p. 423 u. s. 228 . stevens, j., took no part in the consideration or decision of the case. mr. justice blackmun delivered the opinion of the court. petitioner pearl barrett has been convicted by a jury in the united states district court for the eastern district page 423 u. s. 213 of kentucky of a violation of 18 u.s.c. 922(h), [ footnote 1 ] a part of the gun control act of .....

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