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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1977 Page 7 of about 74 results (0.057 seconds)

Mar 07 1977 (FN)

Nolde Bros., Inc. Vs. Bakery Workers

Court : US Supreme Court

Decided on : Mar-07-1977

..... of the union, and the employer had closed its business. i think this conclusion is neither required by existing precedent nor based upon any realistic appraisal of the contracting parties' intent. our cases, to be sure, have established the importance of arbitration in resolving disputes arising under collective bargaining agreements, and in thereby maintaining peaceful labor ..... be deemed to have been conscious of this policy when they agree to resolve their contractual differences through arbitration. consequently, the parties' failure to exclude from arbitrability contract disputes arising after termination, far from manifesting an intent to have arbitration obligations cease with the agreement, affords a basis for concluding that they intended to arbitrate all ..... to end automatically with the contract. pp. 430 u. s. 252 -253. (c) the parties clearly expressed their preference for an arbitral, rather than a judicial, interpretation of their obligations, and ..... established by the agreement. page 430 u. s. 244 there is nothing in the arbitration clause that expressly excluded from its operation a dispute arising under the contract but based on events occurring after its termination. absent some contrary indication, there are strong reasons to conclude that the parties did not intend their arbitration obligations .....

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Mar 07 1977 (FN)

Farmer Vs. Carpenters

Court : US Supreme Court

Decided on : Mar-07-1977

..... that the trial court dismissed, hill alleged discrimination against him in hiring hall referrals, which were also alleged to be violations of both the collective bargaining agreement and the membership contract. these allegations, if sufficiently supported before the national labor relations board, would make out an unfair labor practice, [ footnote 11 ] and the superior court considered them preempted ..... which he was not qualified. [ footnote 3 ] hill did not appeal the superior court's ruling sustaining the demurrer with respect to the claims of discrimination and breach of contract, and we thus have no occasion to consider the applicability of the preemption doctrine to those counts. [ footnote 4 ] hill voluntarily dismissed the complaint against the international and one ..... the union had arbitrarily refused to refer him for employment on one particular occasion. he alleged that the union's conduct constituted both tortious interference with his right to contract for employment and breach of a promise, implicit in his membership arrangement with the union, not to discriminate unfairly against any member or deny him the right to work ..... of breach of a membership agreement does not necessarily insulate a state court action from application of the preemption doctrine. see n 9, supra. allegations of breach of the contract between the union and the employer stand on different ground, since, as noted earlier, 301 of the labor management relations act, 29 u.s.c. 185, authorizes suits .....

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Mar 07 1977 (FN)

Complete Auto Transit, Inc. Vs. Brady

Court : US Supreme Court

Decided on : Mar-07-1977

..... , usually within 48 hours, they are loaded onto appellant's trucks and transported by appellant to the mississippi dealers. app. 478, 78-79, 86-87. appellant is paid on a contract basis for the transportation from the railhead to the dealers. [ footnote 4 ] id. at 50-51, 68. by letter dated october 5, 1971, the mississippi tax commission page 430 u .....

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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 .....

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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 .....

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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 .....

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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 .....

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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 .....

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Jan 25 1977 (FN)

United States Vs. County of Fresno

Court : US Supreme Court

Decided on : Jan-25-1977

..... to become one of its constituent parts. it was free within broad limits to use the property as it thought advantageous and convenient in performing its contracts and maximizing its profits from them." united states v. township of muskegon, 355 u.s. at 355 u. s. 486 . the michigan tax ..... departure from this principle since 1937 is united states v. allegheny county, 322 u. s. 174 (1944). there, the mesta machine company had a contract with the federal government to produce field guns for the war department during 1941. some of the machinery with which mesta produced the guns was owned by the ..... . 484 (1958). the only difference between township of muskegon -- where government-owned property was being used by a private corporation in complying with a government contract -- and this case is that there, the property was being used by business for "profit," and here, the property is being put to "beneficial personal ..... the united states and leased to them for use in their businesses -- even though, in two of these cases, the companies had cost-plus contracts with the government requiring the government to reimburse them for state taxes paid by them. these cases make clear that a state may, in effect, ..... performing its functions. [ footnote 8 ] in later years, however, the court departed from this interpretation of m'culloch. in james v. dravo contracting co., 302 u. s. 134 (1937), a contractor sought immunity from a state occupation tax measured by the gross receipts, insofar as those receipts had .....

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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 .....

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