Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1977 Page 4 of about 74 results (0.071 seconds)

Feb 23 1977 (FN)

Piper Vs. Chris-craft Industries, Inc.

Court : US Supreme Court

Decided on : Feb-23-1977

piper v. chris-craft industries, inc. - 430 u.s. 1 (1977) u.s. supreme court piper v. chris-craft industries, inc., 430 u.s. 1 (1977) piper v. chris-craft industries, inc. no. 75-353 argued october 6, 1976 decided february 23, 1977 * 430 u.s. 1 certiorari to the united states court of appeals for the second circuit syllabus respondent chris-craft industries was the unsuccessful tender offeror in a contest for the control of a corporation. during the course of the takeover contest, chris-craft brought suit for damages and injunctive relief against the management of the target corporation, its investment adviser, and bangor punta corp., the successful competitor, alleging, inter alia, violations of 14(e) and other provisions of the securities exchange act of 1934, and rule 10b-6 of the securities and exchange commission. section 14(e) makes unlawful "any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer . . . or any solicitation of security holders in opposition to or in favor of any such offer. . . ." rule 10b-6 prohibits issuers whose stock is in the process of distribution from market tampering by purchasing stock or stock rights until the distribution has been completed. after protracted litigation, the court of appeals ultimately held that chris-craft had standing to sue for damages under 14(e) and rule 10b-6, and that a claim for damages had been established. the court stated that it would not infer from the silence of the .....

Tag this Judgment!

Feb 23 1977 (FN)

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

Court : US Supreme Court

Decided on : Feb-23-1977

e. i. du pont de nemours & co. v. train - 430 u.s. 112 (1977) u.s. supreme court e. i. du pont de nemours & co. v. train, 430 u.s. 112 (1977) e. i. du pont de nemours & co. v. train no. 75-978 argued december 8, 1976 decided february 23, 1977 * 430 u.s. 112 certiorari to the united states court of appeals for the fourth circuit syllabus the federal water pollution control act amendments of 1972 (amendments) authorized a series of steps to be taken to eliminate all discharges of pollutants into the nation's waters by 1985. the first steps are described in 304 of the act (as added by the amendments), which directs the administrator of the environmental protection agency (epa) (the agency charged under 101 with administering the amendments) to develop and publish various kinds of technical data as guidelines for carrying out responsibilities under the amendments. section 301(a) proscribes the discharge of any pollutant unless the discharge complies with certain sections, including 301 itself, 306, and 402. section 301(b) defines the effluent limitations that must be achieved for existing "point sources" (conveyances from which pollutants are discharged) in two stages: (1) no later than july 1, 1977, such limitations for point sources must require the application of the "best practicable control technology currently available," and (2) by july 1, 1983, the limitations for "categories and classes of point sources" must require application of the "best available technology .....

Tag this Judgment!

Feb 22 1977 (FN)

Nlrb Vs. Pipefitters

Court : US Supreme Court

Decided on : Feb-22-1977

..... the modern primary-secondary analysis [of national woodwork ] requires the complete abandonment of the present 'right to control' rule. the unit has bargained for its rights and signed a contract with its employer, who happens to be a subcontractor. these two are without doubt the primary parties. the general contractor is removed from this direct confrontation, enters into the picture ..... that the union's reaction would have been different had someone other than austin made the decision to use prefabricated units; whether hudik accomplished the wrong to its employees by contracting with austin, or simply by independently ordering prefabricated units, could make no page 429 u. s. 540 difference to the injured employees. either way, their objective, as ..... is unionized, certainly with respect to major industrial, commercial, and public construction. unionized in this context means that craft unions affiliated with the afl-cio represent and have contracts for the employees who work on such projects and, in fact, the unions are the source of the labor supply and furnish the employees to the employer-contractors. the ..... . traditionally, members of respondent union have performed the internal piping on heating and air-conditioning units on the jobsite. also, rule ix of the then-current collective bargaining contract between hudik and enterprise provided that pipe threading and cutting were to be performed on the jobsite in accordance with rule v, which, in turn, specified that the work .....

Tag this Judgment!

Feb 22 1977 (FN)

United States Steel Corp. Vs. Fortner Enterprises, Inc.

Court : US Supreme Court

Decided on : Feb-22-1977

..... might be thought to mean that, just as the 'host of tying arrangements' was 'compelling evidence' of 'great power' in northern pacific, so the inclusion of tie-in clauses in contracts with 'any appreciable numbers of buyers' establishes market power. but the passage, read in context, does not warrant this interpretation. for the immediately preceding sentence makes clear that market power ..... was $443 higher than a comparable prefabricated product. whether the price differential was as great as 15% is not entirely clear, but the record does support the conclusion that the contract required fortner to pay a noncompetitive price for the home division's houses. the finding that the credit extended to fortner was unique page 429 u. s. 616 was based ..... not implicate ordinary credit sales of only a single product and which therefore cannot constitute a tying arrangement subject to per se scrutiny under 1 of the sherman act. in contract to such transactions, we are dealing here with a peculiar arrangement expressly found by the court in fortner i to involve two separate products sold by .....

Tag this Judgment!

Feb 22 1977 (FN)

Don E. Williams Co. Vs. Commissioner

Court : US Supreme Court

Decided on : Feb-22-1977

don e. williams co. v. commissioner - 429 u.s. 569 (1977) u.s. supreme court don e. williams co. v. commissioner, 429 u.s. 569 (1977) don e. williams co. v. commissioner of internal revenue no. 75-1312 argued december 8, 1976 decided february 22, 1977 429 u.s. 569 certiorari to the united states court of appeals for the seventh circuit syllabus petitioner accrual basis corporate taxpayer, by delivering fully secured promissory demand notes to the trustees of its qualified employees' profit-sharing trust, held not entitled to income tax deductions therefor under 404(a) of the internal revenue code of 1954, which allows a deduction for contributions "paid" by an employer to a profit-sharing plan in the taxable year "when paid," and further allows the deduction if the contribution was a "payment . . . made" within a specified grace period following the end of the employer's taxable year. pp. 429 u. s. 574 -583. (a) the statutory terms "paid" and "payment," coupled with the grace period and the legislative history's reference to "paid" and "actually paid," demonstrate that, regardless of the method of accounting, all taxpayers must pay out cash or its equivalent by the end of the grace period in order to qualify for the 404(a) deduction. this accords with the apparent statutory policy that the profit-sharing plan receive full advantage of any contribution that entitles the employer to a tax benefit. here, the petitioner's issuance and delivery of the promissory notes did not .....

Tag this Judgment!

Jan 25 1977 (FN)

Brunswick Corp. Vs. Pueblo Bowl-o-mat, Inc.

Court : US Supreme Court

Decided on : Jan-25-1977

brunswick corp. v. pueblo bowl-o-mat, inc. - 429 u.s. 477 (1977) u.s. supreme court brunswick corp. v. pueblo bowl-o-mat, inc., 429 u.s. 477 (1977) brunswick corp. v. pueblo bowl-o-mat, inc. no. 75-904 argued november 3, 1976 decided january 25, 1977 429 u.s. 477 certiorari to the united states court of appeals for the third circuit syllabus respondents, bowling centers in three distinct markets, brought this antitrust action against petitioner, one of the two largest bowling equipment manufacturers and the largest operator of bowling centers, claiming that petitioner's acquisitions of competing bowling centers that had defaulted in payments for bowling equipment that they had purchased from petitioner might substantially lessen competition or tend to create a monopoly in violation of 7 of the clayton act. respondents sought treble damages pursuant to 4 of the act, as well as injunctive and other relief. at trial, they sought to prove that petitioner, because of its size, had the capacity to lessen competition in the markets it had entered by driving smaller competitors out of business. to establish damages, respondents attempted to show that, had petitioner allowed the defaulting centers to close, respondents' profits would have increased. the jury returned a verdict for damages in favor of respondents, which the district court trebled in accordance with 4. the court of appeals, while endorsing the legal theories upon which respondents' claim was based, reversed the case .....

Tag this Judgment!

Jan 18 1977 (FN)

Walsh Vs. Schlect

Court : US Supreme Court

Decided on : Jan-18-1977

..... of the united brotherhood of carpenters and joiners of america, with which petitioner by memorandum agreement agreed to comply, provides as follows: "if an employer, bound by this agreement, contracts or subcontracts, any work covered by this agreement to be done at the jobsite of the construction, alteration or repair of a building, structure or other work to any person ..... have different meanings under state and federal law . . . ," id. at 369 u. s. 103 . the oregon courts did not specify in this case whether federal or state principles of contract construction guided their concurring conclusions that the subcontractor's clause was not to be read as violating 302(a)(1). we shall therefore assume that federal principles were applied. in ..... 302(c)(5) and (6). before turning to the question of the meaning of the clause, we must address a threshold question -- whether federal or state law principles of contract construction, if they differ, are to be applied. plainly federal law principles apply. although the oregon courts were not foreclosed from entertaining this suit merely because petitioner's defense invoked ..... all the funds equal standing, reversed the judgment insofar as it limited the accounting to the apprenticeship and ciaf trusts. held: 1. federal- rather than state law principles of contract construction apply in determining the meaning of the subcontractor's clause, since it is a provision of a collective bargaining agreement and application of federal law is necessary to avoid .....

Tag this Judgment!

Jan 11 1977 (FN)

Mt. Healthy City Sch. Dist. Vs. Doyle

Court : US Supreme Court

Decided on : Jan-11-1977

..... difficulty disposing of, asserts that the $10,000 amount in controversy required by that section is not satisfied in this case. the leading case on this point is st. paul indemnity co. v. red cab co., 303 u. s. 283 (1938), which stated this test: "[t]he sum claimed by the plaintiff controls if the claim is apparently made in good ..... doyle sued petitioner mt. healthy board of education in the united states district court for the southern district of ohio. doyle claimed that the board's refusal to renew his contract in 1971 violated his rights under the first and fourteenth amendments to the united states constitution. after a bench trial, the district court held that doyle was entitled to reinstatement ..... award only compensatory damages, it was far from a "legal certainty" at the time of suit that respondent would not have been entitled to more than that amount. st. paul indemnity co. v. red cab co., 303 u. s. 283 , 303 u. s. 288 -289. pp. 429 u. s. 276 -277. 2. petitioner, in making its belated contention concerning 1983, failed ..... merits of respondent's claim under the first and fourteenth amendments. doyle was first employed by the board in 1966. he worked under one-year contracts for the first three years, and under a two-year contract from 1969 to 1971. in 1969, he was elected president of the teachers' association, in which position he worked to expand the subjects of direct .....

Tag this Judgment!

Jan 11 1977 (FN)

Arlington Heights Vs. Metropolitan Housing Dev. Corp.

Court : US Supreme Court

Decided on : Jan-11-1977

..... the housing and community development act of 1974. see n 2, supra. [ footnote 8 ] petitioners contend that mhdc lacks standing to pursue its claim here because a contract purchaser whose contract is contingent upon rezoning cannot contest a zoning decision in the illinois courts. under the law of illinois, only the owner of the property has standing to pursue such ..... . petitioners nonetheless appear to argue that mhdc lacks standing because it has suffered no economic injury. mhdc, they point out, is not the owner of the property in question. its contract of purchase is contingent upon securing rezoning. [ footnote 8 ] mhdc owes the owners nothing if rezoning is denied. we cannot accept petitioners' argument. in the first place, it ..... here there can be little doubt that mhdc meets the constitutional standing requirements. the challenged action of the petitioners stands as an absolute barrier to constructing the housing mhdc had contracted to place on the viatorian site. if mhdc secures the injunctive relief it seeks, that barrier will be removed. an injunction would not, of course, guarantee that lincoln ..... contingent upon mhdc's securing zoning clearances from the village and 236 housing assistance from the federal government. if mhdc proved unsuccessful in securing either, both the lease and the contract of sale would lapse. the agreement established a bargain purchase price of $300,000, low enough to comply with federal limitations governing land-acquisition costs for 236 housing. .....

Tag this Judgment!

1977

Hill Vs. Garner.

Court : US Supreme Court

Decided on : Jan-01-1977

hill v. garner. - 434 u.s. 989 (1977) u.s. supreme court hill v. garner. , 434 u.s. 989 (1977) 434 u.s. 989 sharon hill v. david max garner no. 77-132 supreme court of the united states december 12, 1977 the appeal is dismissed for want of a substantial federal question. mr. justice white, with whom mr. justice brennan joins, dissenting. page 434 u.s. 989 , 990 in 1929 this court held that connecticut's guest statute did not violate the equal protection clause, because it could not be said that "no grounds exist[ed] for the distinction" between gratuitous passengers in automobiles and those in other classes of vehicles. silver v. silver, 280 u.s. 117, 123 (1929). while that decision for a while foreclosed federal equal protection challenges to the guest statutes of the various states, in recent years the issue of the constitutional validity of these statutes has been frequently litigated in state courts with conflicting results. since 1971 the highest courts of no fewer than 6 states have concluded that their guest statutes violated the equal protection clause of the fourteenth amendment,2 while during the same period similar statutes page 434 u.s. 989 , 991 have been upheld against federal constitutional attack in 10 states. [ footnote 3 ] typical of those decisions striking down the guest statutes is brown v. merlo, 8 cal.3d 855, 106 cal.rptr. 388, 506 p.2d 212 (1973), in which the california supreme court concluded that the classifications created by the challenged .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //