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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1977 Page 2 of about 74 results (0.055 seconds)

Jun 17 1977 (FN)

Third Nat'l Bank in Nashville Vs. Impac Ltd., Inc.

Court : US Supreme Court

Decided on : Jun-17-1977

..... defeat appellee's security interest. the chancellor predicated the temporary injunction (before it was dissolved) upon the condition that appellant continue to pay interest on the $700,000 at the contract rate until a final determination on the merits could be made. in short, appellee's security interest in appellant's property was completely protected." 541 s.w.2d at 142 ..... estate mortgages. see first nat. bank v. anderson, 269 u. s. 341 , 269 u. s. 353 -354. national banks were, however, allowed to accept mortgages as "security for debts previously contracted." 13 stat. 108. [ footnote 16 ] "one hardly need rely on such latin phrases as ejusdem generis and noscitur a sociis to reach this obvious conclusion." united states v. feola, 420 .....

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Jun 17 1977 (FN)

Patterson Vs. New York

Court : US Supreme Court

Decided on : Jun-17-1977

patterson v. new york - 432 u.s. 197 (1977) u.s. supreme court patterson v. new york, 432 u.s. 197 (1977) patterson v. new york no. 75-1861 argued march 1, 1977 decided june 17, 1977 432 u.s. 197 appeal from the court of appeals of new york syllabus new york law requiring that the defendant in a prosecution for second-degree murder prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter held not to violate the due process clause of the fourteenth amendment. mullaney v. wilbur, 421 u. s. 684 , distinguished. pp. 432 u. s. 201 -216. (a) such affirmative defense does not serve to negative any facts of the crime which the state must prove in order to convict, but constitutes a separate issue on which the defendant is required to carry the burden of persuasion. pp. 432 u. s. 206 -207. (b) the due process clause does not put new york to the choice of abandoning such an affirmative defense or undertaking to disprove its existence in order to convict for a crime which is otherwise within the state's constitutional powers to sanction by substantial punishment. if the state chooses to recognize a factor that mitigates the degree of criminality or punishment, it may assure itself that the fact has been established with reasonable certainty, and to recognize at all a mitigating circumstance does not require the state to prove beyond a reasonable doubt its nonexistence in each case in which the fact is .....

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Jun 16 1977 (FN)

E. I. Du Pont De Nemours and Co. Vs. Collins

Court : US Supreme Court

Decided on : Jun-16-1977

e. i. du pont de nemours & co. v. collins - 432 u.s. 46 (1977) u.s. supreme court e. i. du pont de nemours & co. v. collins, 432 u.s. 46 (1977) e. i. du pont de nemours & co. v. collins no. 75-1870 argued march 2, 1977 decided june 16, 1977 * 432 u.s. 46 certiorari to the united states court of appeals for the eighth circuit syllabus in approving the merger of a closed-end investment company (christiana), 98% of whose assets consisted of du pont & co. common stock, into an affiliate company (du pont), the securities and exchange commission (sec) held to have reasonably exercised its discretion under 17(b) of the investment company act of 1940, as amended, in valuing christiana essentially on the basis of the market value of du pont stock, rather than on the lower basis of christiana's outstanding stock. since the record before the sec clearly reveals substantial evidence to support the findings of the sec, and since that agency's conclusions of law were based on a construction of the statute consistent with the legislative intent, the court of appeals erred in rejecting the sec's conclusion and substituting its own judgment for that of the sec. sec v. chenery corp., 332 u. s. 194 , 332 u. s. 209 . pp. 432 u. s. 52 -57. 532 f.2d 584, reversed. burger, c.j., delivered the opinion of the court, in which stewart, white, marshall, blackmun, powell, and stevens, jj., joined. brennan, j., filed a dissenting opinion, post, p. 432 u. s. 57 . rehnquist, j., took no part in the .....

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Jun 09 1977 (FN)

Stencel Aero Engineering Corp. Vs. United States

Court : US Supreme Court

Decided on : Jun-09-1977

..... we must therefore consider the impact of these factors where, as here, the suit against the government is not brought by the serviceman himself, but by a third party seeking indemnity for any damages it may be required to pay the serviceman. clearly, the first factor considered in feres operates with equal force in this case. the relationship between the government ..... manufacture. stencel therefore claimed that, insofar as it was negligent at all, its negligence was passive, while the negligence of the united states was active. accordingly it prayed for indemnity as to any sums it would be required to pay to captain donham. [ footnote 3 ] the united states moved for summary judgment against donham, contending that he could ..... that the emergency eject system malfunctioned as a result of "the negligence and carelessness of the defendants individually and jointly." stencel then cross-claimed against the united states for indemnity, charging that any malfunction in the egress life support system used by donham was due to faulty specifications, requirements, and components provided by the united states or other ..... , missouri air national guard. [ footnote 2 ] there is no contractual relationship between the united states and stencel. stencel contracted with north american rockwell, the prime government contractor, to provide the f-100's pilot eject system. [ footnote 3 ] stencel's indemnity claim is based upon the law of missouri. see, e.g., feinstein v. edward livington & sons, inc., 457 .....

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Jun 09 1977 (FN)

illinois Brick Co. Vs. Illinois

Court : US Supreme Court

Decided on : Jun-09-1977

..... (1974). [ footnote 2/4 ] the opinion recognizes that "there might be situations -- for instance, when an overcharged buyer has a preexisting 'cost-plus' contract, thus making it easy to prove that he has not been damaged -- where the considerations requiring that the passing-on defense not be permitted in this case would ..... their ill-gotten gains, see supra at 431 u. s. 725 -726, is shown by the fact that the court recognized an exception for preexisting cost-plus contracts, which "mak[e] it easy to prove that [the direct purchaser] has not been damaged." 392 u.s. at 392 u. s. 494 . ( ..... footnote 4 ] section 1 of the sherman act, c. 647, 26 stat. 209, as amended, 15 u.s.c. 1, provides in relevant part: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be ..... in this case was incorporated into masonry structures and then into entire buildings can hardly be said to circumvent complex market interactions as would a cost-plus contract. [ footnote 16 ] we are left, then, with two alternatives: either we must overrule hanover shoe (or at least narrowly confine it to its ..... its rule barring pass-on defenses by citing, as the only example of a situation where the defense might be permitted, a preexisting cost-plus contract. in such a situation, the purchaser is insulated from any decrease in its sales as a result of attempting to pass on the overcharge, because .....

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Jun 06 1977 (FN)

Scarborough Vs. United States

Court : US Supreme Court

Decided on : Jun-06-1977

scarborough v. united states - 431 u.s. 563 (1977) u.s. supreme court scarborough v. united states, 431 u.s. 563 (1977) scarborough v. united states no. 75-1344 argued march 2, 1977 decided june 6, 1977 431 u.s. 563 certiorari to the united states court of appeals for the fourth circuit syllabus in a prosecution for possession of a firearm in violation of the provision of title vii of the omnibus crime control and safe streets act of 1968, 18 u.s.c.app. 1202(a), making it a crime for a convicted felon to possess "in commerce or affecting commerce" any firearm, proof that the possessed firearm previously traveled at some time in interstate commerce held sufficient to satisfy the statutorily required nexus between possession and commerce. this is so, where, as in this case, the firearm in question traveled in interstate commerce before the accused became a convicted felon; the nexus need not be "contemporaneous" with the possession. both the text and legislative history of the statute show a congressional intent to require no more than the minimal nexus that the firearm have been, at some time, in interstate commerce and to outlaw possession broadly, with little concern for when the nexus with commerce occurred. pp. 431 u. s. 567 -577. 539 f.2d 331, affirmed. marshall, j., delivered the opinion of the court, in which burger, c.j., and brennan, white, blackmun, powell, and stevens, jj., joined. stewart, j., filed a dissenting opinion, post, p. 431 u. s. 578 . rehnquist, j., .....

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Jun 06 1977 (FN)

Roberts Vs. Louisiana

Court : US Supreme Court

Decided on : Jun-06-1977

..... murder cases, and of course this one, the state has an interest in protecting its citizens from such ultimate attacks; this surely is at the core of the lockean "social contract" idea. but other, and important, state interests exist where the victim was a peace officer performing his lawful duties. policemen on the beat are exposed, in the service of society .....

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Jun 06 1977 (FN)

Alabama Power Co. Vs. Davis

Court : US Supreme Court

Decided on : Jun-06-1977

..... . at 420 u. s. 100 , not as a reward for longevity with an employer. [ footnote 11 ] in reaching this conclusion, we noted the work requirement imposed by the collective bargaining contract, the proportionate increase in vacation benefits that resulted from overtime work, and the availability of pro rata benefits if an employee was laid off before he had worked the required .....

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May 31 1977 (FN)

Teamsters Vs. United States

Court : US Supreme Court

Decided on : May-31-1977

..... justice department memorandum that senator clark introduced explains: "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 . . . by title vii ..... employment opportunities because of his race, color, religion, sex, or national origin." any discrimination by the company would apparently be a "grievable" breach of this provision of the contract. [ footnote 30 ] the legality of the seniority system insofar as it perpetuates post-act discrimination nonetheless remains at issue in this case, in light of the injunction entered ..... unlawful discrimination had occurred. if so, the court had to identify the actual discriminatees entitled to fill future job vacancies under the decree. the validity of the collective bargaining contracts seniority system also remained for decision, as did the question whether any discriminatees should be awarded additional equitable relief such as retroactive seniority. [ footnote 5 ] the district ..... a plan and practice of discrimination in violation of title vii. . . . [ footnote 5 ]" the court further found that the seniority system contained in the collective bargaining contracts between the company and the union violated title vii because it "operate[d] to impede the free transfer of minority groups into and within the company." both the company and .....

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May 31 1977 (FN)

United Air Lines, Inc. Vs. Evans

Court : US Supreme Court

Decided on : May-31-1977

united air lines, inc. v. evans - 431 u.s. 553 (1977) u.s. supreme court united air lines, inc. v. evans, 431 u.s. 553 (1977) united air lines, inc. v. evans no. 76-333 argued march 29, 1977 decided may 31, 1977 431 u.s. 553 certiorari to the united states court of appeals for the seventh circuit syllabus where respondent female flight attendant failed to file a timely claim against petitioner airline for violation of title vii of the civil rights act of 1964 when her employment was terminated in 1968 pursuant to a later invalidated policy because she got married, petitioner held not to commit a present, continuing violation of title vii by refusing to credit respondent, after rehiring her in 1972, with pre-1972 seniority, absent any allegation that petitioner's seniority system, which is neutral in its operation, discriminates against former female employees or victims of past discrimination. franks v. bowman transportation co., 424 u. s. 747 , distinguished. moreover, 703(h) of title vii, which provides that it shall not be an unlawful employment practice to apply different terms of employment pursuant to a bona fide seniority system if any disparity is not the result of intentional discrimination, bars respondent's claim, absent any attack on the bona fides of petitioner's seniority system or of any charge that the system is intentionally designed to discriminate because of race, color, religion, sex, or national origin. pp. 431 u. s. 557 -560. 534 f.2d 1247, reversed. .....

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