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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1977 Page 5 of about 74 results (0.057 seconds)

May 31 1977 (FN)

Connor Vs. Finch

Court : US Supreme Court

Decided on : May-31-1977

connor v. finch - 431 u.s. 407 (1977) u.s. supreme court connor v. finch, 431 u.s. 407 (1977) connor v. finch no. 76-777 argued february 28, 1977 decided may 31, 1977 * 431 u.s. 407 appeal from the united states district court for the southern district of mississippi syllabus 1. the federal district court's legislative reapportionment plan for mississippi's senate and house of representatives held not to embody the equitable discretion necessary to effectuate the standards of the equal protection clause of the fourteenth amendment in that the plan failed to meet that clause's most elemental requirement that legislative districts be "as nearly of equal population as is practicable." reynolds v. sims, 377 u. s. 533 , 377 u. s. 577 . pp. 431 u. s. 413 -421. (a) a court is held to stricter standards than a state legislature in devising a legislative reapportionment plan, and "unless there are persuasive justifications, a court-ordered reapportionment plan of a state legislature must avoid use of multimember districts, and, as well, must ordinarily achieve the goal of population equality with little more than de minimis variation." chapman v. meier, 420 u. s. 1 , 420 u. s. 26 -27. here, where the district court's plan departed from the "population equality" norm in deference to mississippi's historic respect for the integrity of county boundaries in conjunction with legislative districts, the resulting maximum population deviations of 16.5% in the senate districts and 19.3% in .....

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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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May 23 1977 (FN)

Abood Vs. Detroit Bd. of Educ.

Court : US Supreme Court

Decided on : May-23-1977

..... much the way that the union shop is. . . . enacted and decisional law everywhere conditions and shapes the nature of private arrangements in our society. this is true with the commercial contract -- regulated as it is by comprehensive uniform statutes -- no less than with the collective bargaining agreement. . . ." h. wellington, labor and the legal process 244-245 (1968). [ ..... present grievances to his employer and have the grievances adjusted, without intervention of the bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given opportunity to be present at such adjustment." [ footnote 2 ] some of the plaintiffs were ..... appeals was correct in viewing this court's decisions in hanson and street as controlling in the present case insofar as the service charges are applied to collective bargaining, contract administration, and grievance adjustment purposes. c because the michigan court of appeals ruled that state law "sanctions the use of nonunion members' fees for purposes other than collective ..... created by the agency shop here at issue. thus, insofar as the service charge is used to finance expenditures by the union for the purposes of collective bargaining, contract administration, and grievance page 431 u. s. 226 adjustment, those two decisions of this court appear to require validation of the agency shop agreement before us. while .....

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May 23 1977 (FN)

Territory of Guam Vs. Olsen

Court : US Supreme Court

Decided on : May-23-1977

territory of guam v. olsen - 431 u.s. 195 (1977) u.s. supreme court territory of guam v. olsen, 431 u.s. 195 (1977) territory of guam v. olsen no. 76-439 argued march 29, 1977 decided may 23, 1977 431 u.s. 195 certiorari to the united states court of appeals for the ninth circuit syllabus provision of 22 of the 1950 organic act of guam that the district court of guam "shall have such appellate jurisdiction as the [guam] legislature may determine" held not to authorize the guam legislature to divest the district court's appellate jurisdiction under the act to hear appeals from local guam courts, and to transfer that jurisdiction to the newly created guam supreme court, but to empower the legislature to "determine" that jurisdiction only in the sense of the selection of what should constitute appealable causes. this conclusion is supported not only by the text of 22, which expressly authorizes only a "transfer" of the district court's original local jurisdiction, but also by the absence of any clear signal from congress that it intended to allow the guam legislature to foreclose appellate review by art. iii courts, including this court, of territorial courts' decisions in federal question cases; by the act's legislative history; and by the fact that, if the word "determine" were read as giving guam the power to transfer the district court's appellate jurisdiction to the guam supreme court and at the same time to authorize guam to deny review of the district court's decisions .....

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May 23 1977 (FN)

Douglas Vs. Seacoast Products, Inc.

Court : US Supreme Court

Decided on : May-23-1977

..... united states; or (ii) if seventy-five per centum of the voting power in such corporation is not vested in citizens of the united states; or (iii) if, through any contract or understanding, it is so arranged that more than twenty-five per centum of the voting power in such corporation may be exercised, directly or indirectly, in behalf of any .....

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Apr 27 1977 (FN)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

Decided on : Apr-27-1977

..... 4. thus, the differential standard in perry emerged from the collision of competing grants of power to the federal government, and did not purport to suggest that the contract clause -- or its federal counterpart, the fifth amendment -- standing alone, would produce different standards for reviewing governmental interference with public and private contractual obligations. [ footnote 2 ..... legislators will not automatically be bound by the policies and undertakings of earlier days. in accordance with this philosophy, the framers of our constitution conceived of the contract clause primarily as protection for economic transactions entered into by purely private parties, rather than obligations involving the state itself. see g. gunther, constitutional law 604 ..... its statutory procedure for enforcing certain municipal assessments against property owners. the holders of bonds for which the assessments were pledged as security were found to have contract rights in the previous statutory scheme. without classifying the enforcement statutes as substantive or remedial, the court held the change unconstitutional because it "[took] from ..... important public interests in mass transportation, energy conservation, and environmental protection. 134 n.j.super. at 194-195, 338 a.2d at 873. yet the contract clause limits otherwise legitimate exercises of state legislative authority, and the existence of an important public interest is not always sufficient to overcome that limitation. "undoubtedly, .....

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Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-26-1977

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

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Apr 26 1977 (FN)

Fiallo Vs. Bell

Court : US Supreme Court

Decided on : Apr-26-1977

fiallo v. bell - 430 u.s. 787 (1977) u.s. supreme court fiallo v. bell, 430 u.s. 787 (1977) fiallo v. bell no. 75-6297 argued december 7, 1976 decided april 26, 1977 430 u.s. 787 appeal from the united states district court for the eastern district of new york syllabus sections 101(b)(1)(d) and 101(b)(2) of the immigration and nationality act of 1952, which have the effect of excluding the relationship between an illegitimate child and his natural father (as opposed to his natural mother) from the special preference immigration status accorded by the act to the "child" or "parent" of a united states citizen or lawful permanent resident, held not to be unconstitutional. pp. 430 u. s. 792 -800. (a) this court's cases "have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the government's political departments largely immune from judicial control," shaughnessy v. mezei, 345 u. s. 206 , 345 u. s. 210 ; see also kleindienst v. mandel, 408 u. s. 753 ; harisiades v. shaughnessy, 342 u. s. 580 , 342 u. s. 588 -589, and no factors exist in the instant case warranting a more searching judicial scrutiny than has generally been applied in immigration cases. pp. 430 u. s. 792 -796. (b) in enacting the challenged statutory provisions, congress was specifically concerned with clarifying the previous law so that the illegitimate child in relation to his mother would have the same status as a legitimate child, and the legislative history .....

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Apr 19 1977 (FN)

United States Vs. Antelope

Court : US Supreme Court

Decided on : Apr-19-1977

united states v. antelope - 430 u.s. 641 (1977) u.s. supreme court united states v. antelope, 430 u.s. 641 (1977) united states v. antelope no. 75-661 argued january 18, 1977 decided april 19, 1977 430 u.s. 641 certiorari to the united states court of appeals for the ninth circuit syllabus respondents, enrolled coeur d'alene indians, were indicted by a federal grand jury on charges of burglary, robbery, and murder of a non-indian within the boundaries of their reservation. one respondent was convicted of second-degree murder only; the other two were convicted of all three crimes as charged, including first-degree murder under the felony murder provisions of the federal enclave murder statute, 18 u.s.c. 1111, as made applicable to indians by the major crimes act, 18 u.s.c. 1153. the court of appeals reversed on the ground that respondents had been denied their constitutional rights under the equal protection component of the fifth amendment's due process clause. the court agreed with respondents' contention that their felony murder convictions were racially discriminatory, since a non-indian charged with the same crime would have been subject to prosecution only under idaho law, under which premeditation and deliberation would have had to be proved, whereas no such elements were required under the felony murder provisions of 18 u.s.c. 1111. held: respondent indians were not deprived of the equal protection of the laws. pp. 430 u. s. 645 -650. (a) the federal criminal statutes .....

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Apr 06 1977 (SC)

Union of India (Uoi) Vs. the Central India Machinery Manufacturing Com ...

Court : Supreme Court of India

Decided on : Apr-06-1977

Reported in : (1977)2SCC847; [1977]40STC246(SC)

..... of pre-emption. even so, much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents, read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... including steel or components will be reimbursed by the railway board.(underlining ours.)21. the material part of the indemnity bond, which was subsequently executed by the company in connection with the contract, provides : whereas under railway board's order no. 67/rs(i)/954/15 dated 23-12-1967 ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... works, on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note: 'on account' payment will be permissible only on steel procured according to joint director (iron & steel ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing the standard and special conditions of contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....

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