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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1978 Page 2 of about 81 results (0.169 seconds)

Jun 23 1978 (FN)

United States Vs. John

Court : US Supreme Court

Decided on : Jun-23-1978

..... of june 21, 1939, and in section 7 of the act of june 18, 1934," and that no such acquired lands were covered by any outstanding contract "for the resale of any part thereof to any choctaw or other indian." [ footnote 15 ] this constitution has since been amended in response to the indian civil rights act of ..... (u.s. indian service, tribal relations pamphlet no. 1 (1947)) by this time, it had become obvious that the original method of land purchase authorized by the 1918 appropriations -- by contract to a particular indian purchaser -- not only was inconsistent with the new federal policy of encouraging the preservation of indian communities with commonly held lands, but also was not providing ..... the maintenance of schools, and for the purchase of land and farm equipment. [ footnote 12 ] lands purchased page 437 u. s. 645 through these appropriations were to be sold on contract to individuals in keeping with the general pattern of providing lands eventually to be held in fee by individual indians, rather than held collectively. further provisions for the choctaws in ..... ); 46 stat. 1121, 1135 (1931); 47 stat. 109 (1932). [ footnote 14 ] by its language, the 1939 act affected only those lands that were "not under contract for resale to choctaw indians, or on which existing contracts of resale may hereafter be canceled." the 1944 proclamation of reservation recited specifically that it was issued "by virtue of the authority contained in the act .....

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Jun 23 1978 (FN)

Hutto Vs. Finney

Court : US Supreme Court

Decided on : Jun-23-1978

hutto v. finney - 437 u.s. 678 (1978) u.s. supreme court hutto v. finney, 437 u.s. 678 (1978) hutto v. finney no. 76-1660 argued february 21, 1978 decided june 23, 1978 437 u.s. 678 certiorari to the united states court of appeals for the eighth circuit syllabus after finding in respondent prison inmates' action against petitioner prison officials that conditions in the arkansas prison system constituted cruel and unusual punishment in violation of the eighth and fourteenth amendments, the district court entered a series of detailed remedial orders. on appeal to the court of appeals, petitioners challenged two aspects of that relief: (1) an order placing a maximum limit of 30 days on confinement in punitive isolation, and (2) an award of attorney's fees to be paid out of department of correction funds, based on the district court's finding that petitioners had acted in bad faith in failing to cure the previously identified violations. the court of appeals affirmed, and assessed an additional attorney's fee to cover services on appeal. held: 1. the district court did not err in including the 30-day limitation on sentences to isolation as part of its comprehensive remedy to correct the constitutional violations. where the question before the court was whether these past constitutional violations had been remedied, it was entitled to consider the severity of the violations in assessing the constitutionality of conditions in the isolation cells, the length of time each inmate .....

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Jun 21 1978 (FN)

Owen Eqpt. and Erection Co. Vs. Kroger

Court : US Supreme Court

Decided on : Jun-21-1978

..... ] this is not an unlikely hypothesis, since a defendant in a tort suit such as this one would surely try to limit his liability by impleading any joint tortfeasors for indemnity or contribution. some commentators have suggested that the possible abuse of third-party practice could be dealt with under 28 u.s.c. 1359, which forbids collusive attempts to create ..... -claims, e.g., lasa per l'lndustria del marmo soc. per azioni v. alexander, 414 f.2d 143 (ca6); scott v. fancher, 369 f.2d 842, 844 (ca5); glen falls indemnity co. v. united states ex rel. westinghouse electric supply co., 229 f.2d 370, 373-374 (ca9); or intervention as of right, e.g., phelps v. oaks, 117 u. s .....

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Jun 21 1978 (FN)

Zenith Radio Corp. Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1978

..... .16 per 100 pounds. [ footnote 13 ] article vi(3) of the gatt, adopted in 1947, 61 stat. a24, provides that "[n]o product . . . imported into the territory of any other contracting party shall be subject to . . . countervailing duty by reason of the exemption of such product from . . . taxes borne by the like product when destined for consumption in the country of .....

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Jun 15 1978 (FN)

Tennessee Valley Auth. Vs. Hill

Court : US Supreme Court

Decided on : Jun-15-1978

tennessee valley auth. v. hill - 437 u.s. 153 (1978) u.s. supreme court tennessee valley auth. v. hill, 437 u.s. 153 (1978) tennessee valley authority v. hill no. 76-1701 argued april 18, 1978 decided june 15, 1978 437 u.s. 153 certiorari to the united states court of appeals for the sixth circuit syllabus the endangered species act of 1973 (act) authorizes the secretary of the interior (secretary) in 4 to declare a species of life "endangered." section 7 specifies that all "federal departments and agencies shall, . . . with the assistance of the secretary, utilize their authorities in furtherance of the purposes of [the] act by carrying out programs for the conservation of endangered species . . . and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered species and threatened species or result in the destruction or modification of habitat of such species which is determined by the secretary . . . to be critical." shortly after the act's passage, the secretary was petitioned to list a small fish popularly known as the snail darter as an endangered species under the act. thereafter, the secretary made the designation. having determined that the snail darter apparently lives only in that portion of the little tennessee river that would be completely inundated by the impoundment of the reservoir created as a consequence of the completion of the tellico dam, he declared that .....

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Jun 15 1978 (FN)

Nlrb Vs. Robbins Tire and Rubber Co.

Court : US Supreme Court

Decided on : Jun-15-1978

nlrb v. robbins tire & rubber co. - 437 u.s. 214 (1978) u.s. supreme court nlrb v. robbins tire & rubber co., 437 u.s. 214 (1978) national labor relations board v. robbins tire & rubber co. no. 77-911 argued april 26, 1978 decided june 15, 1978 437 u.s. 214 certiorari to the united states court of appeals for the fifth circuit syllabus after the national labor relations board (nlrb) filed an unfair labor practice complaint against respondent employer, respondent requested, pursuant to the freedom of information act (foia), that the nlrb make available prior to the hearing copies of all potential witnesses' statements collected during the nlrb's investigation. this request was denied on the ground that the statements were exempt from disclosure under, inter alia, exemption 7(a) of the foia, which provides that disclosure is not required of "investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records . . . would interfere with enforcement proceedings." respondent then filed an action in district court seeking disclosure of the statements and injunctive relief. that court held that exemption 7(a) did not apply because the nlrb did not claim that release of the statements would pose any unique or unusual danger of interference with the particular enforcement proceeding, and hence directed the nlrb to provide the statements for copying prior to any hearing. the court of appeals affirmed, holding that the nlrb had failed .....

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Jun 14 1978 (FN)

United States Vs. Scott

Court : US Supreme Court

Decided on : Jun-14-1978

united states v. scott - 437 u.s. 82 (1978) u.s. supreme court united states v. scott, 437 u.s. 82 (1978) united states v. scott no. 76-1382 argued february 21, 1978 decided june 14, 1978 437 u.s. 82 certiorari to the united states court of appeals for the sixth circuit syllabus respondent, indicted for federal drug offenses, moved before trial and twice during trial for dismissal of two counts of the indictment on the ground that his defense had been prejudiced by preindictment delay. at the close of all the evidence, the trial court granted respondent's motion. the government sought to appeal the dismissals under 18 u.s.c. 3731 (1976 ed.), which allows the united states to appeal from a district court's dismissal of an indictment except where the double jeopardy clause of the fifth amendment prohibits further prosecution. the court of appeals, concluding that that clause barred further prosecution, dismissed the appeal, relying on united states v. jenkins, 420 u. s. 358 . in that case the court, following the principle underlying the double jeopardy clause that the government, with all its resources and power, should not be allowed to make repeated attempts to convict an individual for an alleged offense, held that, whether or not a dismissal of an indictment after jeopardy had attached amounted to an acquittal on the merits, the government had no right to appeal, because "further proceedings of some sort, devoted to the resolution of factual issues going to the elements .....

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Jun 14 1978 (FN)

Sanabria Vs. United States

Court : US Supreme Court

Decided on : Jun-14-1978

sanabria v. united states - 437 u.s. 54 (1978) u.s. supreme court sanabria v. united states, 437 u.s. 54 (1978) sanabria v. united states no. 76-1040 argued november 8, 1977 decided june 14, 1978 437 u.s. 54 certiorari to the united states court of appeals for the first circuit syllabus title 18 u.s.c. 1955 (1976 ed.) makes it a federal offense for five or more persons to conduct an "illegal gambling business" in violation of the law of the place where the business is located. petitioner, along with several others, was indicted for violating 1955 in a single count charging that the defendants' gambling business involved numbers betting and betting on horse races in violation of a specified massachusetts statute. the government's evidence at trial in the district court showed that the defendants had been engaged in both horse betting and numbers betting. at the close of the government's case, defense counsel argued that the government had failed to prove a violation of the massachusetts statute because that statute did not prohibit numbers betting, but only horse betting. after the defendants had rested, the trial judge granted their motion to exclude all evidence of numbers betting, and then granted a motion to acquit petitioner because of lack of evidence of his connection with the horse betting business. the case against the remaining defendants went to the jury, and they were all convicted. the government appealed under 18 u.s.c. 3731 (1976 ed.) from the order excluding .....

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Jun 12 1978 (FN)

National Broiler Marketing Assn. Vs. United States

Court : US Supreme Court

Decided on : Jun-12-1978

..... changes include the growing integration of production and marketing of agricultural products, the increased control of these functions by large, diversified corporations, and the expanded use of contracting by such corporations to meet their needs. developments such as these weaken the marketing and bargaining position of individual producers. " hearings on s. 109 before a ..... handlers" from interfering with the "producers'" right "to join together voluntarily in cooperative organizations as authorized by law." 2301. in doing so, congress legislated specifically to protect contract growers from integrated broiler producers. section 4(b) of the act prohibits a "handler" from discriminating against "producers" with respect to any term "of purchase, acquisition ..... the congressional characterizations of farming." post at 436 u. s. 843 . most nbma members are fully integrated, except for the grow-out stage which they contract out. rather than groups of single-function farmers forming a collective jointly to handle, process, and market their agricultural products, these multifunction integrated units stand astride ..... with v. benson & t. witzig, the chicken broiler industry: structure, practices, and costs (dept. of agriculture, economic rep. no. 381, 1977). see generally e. roy, contract farming and economic integration, ch. 4, "broiler chickens" (2d ed.1972); department of agriculture, packers and stockyards administration, the broiler industry: an economic study of structure, practices and .....

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Jun 06 1978 (FN)

Monell Vs. Department of Soc. Svcs.

Court : US Supreme Court

Decided on : Jun-06-1978

..... would not be held liable retroactively for their officers' failure to predict this court's recognition of new constitutional rights. no doubt innumerable municipal insurance policies and indemnity ordinances have been founded on this assumption, which is wholly justifiable under established principles of stare decisis. to obliterate those legitimate expectations without more compelling justifications than ..... also t. cooley, constitutional limitations *483-*484 (1871 ed.). [ footnote 40 ] see cases cited in n 28, supra. since this court granted unquestionably "positive" relief in contract clause cases, it appears that the distinction between the sherman amendment and those cases was not that the former created a positive obligation whereas the latter imposed only a negative ..... that was obligated by state law to keep the peace, but which had not in violation of the fourteenth amendment. representative poland, for example, reasoning from contract clause precedents, indicated that congress could constitutionally confer jurisdiction on the federal courts to entertain suits seeking to hold municipalities page 436 u. s. 680 liable for ..... citing board of comm'rs v. aspinwall, 24 how. 376 (1861), the first of many cases [ footnote 28 ] upholding the power of federal courts to enforce the contract clause against municipalities. [ footnote 29 ] house opponents of the sherman amendment -- whose views are particularly important, since only the house voted down the amendment -- did not dispute .....

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