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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1978 Page 1 of about 81 results (0.125 seconds)

1978

LEE HY PAViNG CORP. Vs. O'CONNOR

Court : US Supreme Court

Decided on : Jan-01-1978

..... question whether the due process clause permits a tort plaintiff to obtain jurisdiction in new york over a defendant whose sole contact with the state arises from the defendant's contract for indemnity with a company that does business in new york. [ footnote 1 ] the case presents an issue of considerable importance, with troublesome ramifications in the spacious arena of personal injury .....

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Jun 26 1978 (FN)

Duke Power Co. Vs. Carolina Env. Study Group

Court : US Supreme Court

Decided on : Jun-26-1978

..... until about 1977-1978. thus, there is uncertainty as to whether these plants would receive protection in the form of government indemnity. reactor manufacturers and architect-engineers are already requiring escape clauses in their contracts to permit cancellation in the event some form of protection from unlimited potential liability is not provided. action is required soon ..... bankruptcy or reorganization, recovery would likely be further reduced and delayed. see joint committee on atomic energy, issues of financial protection in nuclear activities in selected materials on atomic energy indemnity and insurance legislation, 93d cong., 2d sess., 110 (comm.print 1974). [ footnote 37 ] see prosser, supra, n 34, at 520-521. [ footnote 38 ] ..... suits, is constitutionally mandated, or is instead simply a prudential limitation. [ footnote 26 ] mr. justice rehnquist undertakes to sever the action of the nrc in executing indemnity agreements under the act from the act's alleged constitutional infirmities -- particularly the liability limitation provisions. careful examination of the statutory mechanism indicates that such a separation simply ..... the potential liability dwarfed the ability of the industry and private insurance companies to absorb the risk. see hearings before the joint committee on atomic energy on government indemnity for private licensees and aec contractors against reactor hazards, 84th cong., 2d sess., 122-124 (1956). thus, while repeatedly stressing that the risk of a major .....

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Feb 22 1978 (FN)

J. W. Bateson Co., Inc. Vs. Board of Trustees

Court : US Supreme Court

Decided on : Feb-22-1978

..... from this omission. if the bond is held to cover claims against remote subcontractors, proximate subcontractors will no doubt be required to indemnify the general contractor. in return for the indemnity, these subcontractors will no doubt demand that the general contractor promptly transmit any statutory notice he receives. [ footnote 2/15 ] "a sub-subcontractor may avail himself of the ..... even require a bond from each subcontractor. in fact, because the general contractor is liable, even under the court's view, for claims against subcontractors in the first tier, indemnity agreements between general contractors and their subcontractors are common today. one was required in the present case. ante at 434 u. s. 593 n. 7. my reading of the ..... contractor or his surety, while having initial responsibility for payment of the claimant, would probably in turn either withhold that amount from, or file a claim against, a bond or indemnity furnished by, the intermediate subcontractor. (here, for example, it appears that pierce had agreed to indemnify bateson against such losses. brief for petitioners 18 n. 15.) hence, notice ..... the assumption that colquitt's employees would not be covered by the payment bond. bateson required an indemnity agreement from pierce, brief for petitioners 18 n. 15, doubtless in part to protect bateson from claims against the payment bond made by those contracting with pierce. but pierce did not require a similar agreement from colquitt, ibid., presumably because pierce .....

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Apr 27 1978 (SC)

Nagu Reddiar and ors. Etc. Vs. Banu Reddiar and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-27-1978

Reported in : AIR1978SC1174a; (1978)2SCC591a; [1978]3SCR770; 1978(10)LC387(SC)

1. these two appeals are by certificates granted by the high court of madras against a common judgment in a.s. no. 114 and a.s. no. 194 of 1958.2. these appeals arise out of a suit filed by the plaintiffs in the court of the subordinate judge, tiruchirapalli in o.s. no. 152 of 1955 under section 92 of the cpc for removing one nagu reddiar, the first defendant, from the trusteeship of the suit charities and for framing a scheme for the said charities. the trial court found that the two charities in question were public trusts and comprised all the alienated properties except item 7 of plaint-a schedule of the trust properties. the trial court found that b-schedule properties were bequeathed for performance of puja in the samadhi and for feeding the agathies and paradesies in the matam and that the samadhi could not be separated from the matam and therefore the dedication of the schedule properties in favour of the matam and samadhikoil is invalid in law. the court ordered the removal of the defendant from the office of the trusteeship and directed him to render accounts and ordered the framing of a scheme for plaint a schedule properties except item 7 which was found to be not a trust property. aggrieved by the judgment both the plaintiffs and the defendants preferred appeals to the high court of madras, the appeal by the defendants being a.s. no. 114 of 1958 and by the plaintiffs a.s. no. 194 of 1958. the high court disposed of both the appeals by a common judgment dismissing .....

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Dec 11 1978 (FN)

Lalli Vs. Lalli

Court : US Supreme Court

Decided on : Dec-11-1978

lalli v. lalli - 439 u.s. 259 (1978) u.s. supreme court lalli v. lalli, 439 u.s. 259 (1978) lalli v. lalli no. 77-1115 argued october 4, 1978 decided december 11, 1978 439 u.s. 259 appeal from the court of appeals of new york syllabus appellant, assertedly the illegitimate son of mario lalli, who died intestate in new york, filed a petition for a compulsory accounting from appellee administratrix of the estate, claiming that he was entitled to inherit from mario as his child. appellee opposed the petition, arguing that, even if appellant were mario's child, he was not a lawful distributee of the estate because he had failed to comply with a new york statutory provision ( 4-1.2) that, in pertinent part, allows an illegitimate child to inherit from his intestate father only if a court of competent jurisdiction has, during the father's lifetime, entered an order declaring paternity. appellant contended that his failure to obtain such an order during mario's lifetime could not bar his inheritance because 4-1.2 discriminated against him on the basis of his illegitimate birth in violation of the equal protection clause of the fourteenth amendment. appellant tendered evidence that he was mario's child. the surrogate's court ruled that appellant was properly excluded as a distributee under 4-1.2. the new york court of appeals affirmed and upheld the constitutionality of the statute. held: the judgment is affirmed. pp. 439 u. s. 264 -276; 439 u. s. 276 ; 439 u. s. 276 -277. 43 n.y.2d .....

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Dec 04 1978 (FN)

Union Pacific R. Co. Vs. Sheehan

Court : US Supreme Court

Decided on : Dec-04-1978

..... respondent's appeal, the adjustment board stated: "nor do we agree with [respondent] that the time limits did not commence running until the utah court dismissed claimant's breach of contract suit in november, 1972. filing of the civil suit did not have the effect of obviating the time limits in the [collective bargaining] agreement. when claimant decided to pursue his ..... , a persuasive argument can be made for the tolling of time limits. the court in andrews expressed the view that an agreement under the railway labor act was a federal contract governed and enforceable by federal law in the federal courts. . . . the applicability of equitable tolling to the agreement in question is not in doubt. while we do not pass on .....

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Oct 30 1978 (FN)

Singleton Vs. Commissioner

Court : US Supreme Court

Decided on : Oct-30-1978

singleton v. commissioner - 439 u.s. 940 (1978) u.s. supreme court singleton v. commissioner, 439 u.s. 940 (1978) singleton v. commissioner of internal revenue no. 78-78 decided october 30, 1978 439 u.s. 940 on petition for writ of certiorari to the united states court of appeals for the fifth circuit the petition for a writ of certiorari is denied. mr. justice blackmun, with whom mr. justice marshall and mr. justice powell join, dissenting. the issue in this federal income tax case is whether a cash distribution that petitioner husband (hereafter petitioner) received in 1965 with respect to his shares in capital southwest corporation (csw) was taxable to him as a dividend, as the united states court of appeals for the fifth circuit held, or whether that distribution was a return of capital, and therefore not taxable, as the tax court held. i regard the issue as of sufficient importance in the administration of the income tax laws to justify review here, and i dissent from the court's failure to grant certiorari. csw was the parent of a group of affiliated corporations. consolidated returns were filed for csw and the group for the fiscal years ended march 31, 1964 and 1965. this was advantageous taxwise, for it enabled income of capital wire & cable corporation (cw), one of the subsidiaries, to be offset against losses sustained by csw. cw's board formally recognized a saving in tax of about $863,000 through the filing of consolidated returns for the two fiscal years. that .....

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Sep 01 1978 (FN)

United Methodist Church Vs. California Super. Ct.

Court : US Supreme Court

Decided on : Sep-01-1978

..... its petition for a writ of certiorari. applicant, an illinois not-for-profit corporation, is one of six defendants in a class action seeking, inter alia, damages for breach of contract, fraud, and violations of state securities laws arising out of the financial collapse of the pacific homes corp., a california nonprofit corporation that operated 14 retirement homes and convalescent hospitals ..... u. s. 709 -710. such considerations are not applicable to purely secular disputes between third parties and a particular defendant, albeit a religious affiliated organization, in which fraud, breach of contract, and statutory violations are alleged. as the court stated in another context: "nothing we have said is intended even remotely to imply that, under the cloak of religion, persons may .....

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Jul 03 1978 (FN)

California Vs. United States

Court : US Supreme Court

Decided on : Jul-03-1978

..... -125, p. 21. [ footnote 2/5 ] this court unanimously reversed the judgment of the california supreme court. it first ruled: "[t]he authority to impose the conditions of the contracts here comes from the power of the congress to condition the use of federal funds, works, and projects on compliance with reasonable requirements. and . . . if the enforcement of those conditions ..... water rights needed to perform the contracts page 438 u. s. 684 could not be acquired by the united states; this was an untenable position, the attorney general contended, because "never before has it been held ..... the united states were, by virtue of 8, subject to the normal trust obligations to water users that were imposed by state law, and that were inconsistent with the proposed contract provisions. [ footnote 2/4 ] as described by the attorney general of california, who represented the state water districts in this court, the california supreme court reasoned that the ..... the government in the irrigation works. . . . the government was and remained simply a carrier and distributor of the water . . . , with the right to receive the sums stipulated in the contracts as reimbursement for the cost of construction and annual charges for operation and maintenance of the works." " * * * *" "we have, then, a direction by congress to the secretary of the interior .....

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Jul 03 1978 (FN)

Lockett Vs. Ohio

Court : US Supreme Court

Decided on : Jul-03-1978

lockett v. ohio - 438 u.s. 586 (1978) u.s. supreme court lockett v. ohio, 438 u.s. 586 (1978) lockett v. ohio no. 76-6997 argued january 17, 1978 decided july 3, 1978 438 u.s. 586 certiorari to the supreme court of ohio syllabus the ohio death penalty statute provides that once a defendant is found guilty of aggravated murder with at least one of seven specified aggravating circumstances, the death penalty must be imposed unless, considering "the nature and circumstances of the offense and the history, character, and condition of the offender," the sentencing judge determines that at least one of the following circumstances is established by a preponderance of the evidence: (1) the victim induced or facilitated the offense; (2) it is unlikely that the offense would have been committed but for the fact that the offender was under duress, coercion, or strong provocation; or (3) the offense was primarily the product of the offender's psychosis or mental deficiency. petitioner, whose conviction of aggravated murder with specifications that it was committed to escape apprehension for, and while committing or attempting to commit, aggravated robbery, and whose sentence to death were affirmed by the ohio supreme court, makes various challenges to the validity of her conviction, and attacks the constitutionality of the death penalty statute on the ground, inter alia, that it does not give the sentencing judge a full opportunity to consider mitigating circumstances in capital cases .....

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