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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1978 Page 3 of about 81 results (0.055 seconds)

Jun 06 1978 (FN)

Quern Vs. Mandley

Court : US Supreme Court

Decided on : Jun-06-1978

quern v. mandley - 436 u.s. 725 (1978) u.s. supreme court quern v. mandley, 436 u.s. 725 (1978) quern v. mandley no. 76-1159 argued november 30, 1977 decided june 6, 1978 * 436 u.s. 725 certiorari to the united states court of appeals for the seventh circuit syllabus this litigation originated as a challenge to the validity of illinois' emergency assistance to needy families with children (ea) program under title iv-a of the social security act (ssa). the court of appeals, reversing the district court, first held that the program was invalid because it limited eligibility for such assistance more narrowly than 406(e)(1) of the ssa, which makes federal matching funds available under a state ea program for emergency aid to intact families with children if threatened with destitution, regardless of the cause of the need. in a later appeal involving the validity of a proposed alternative to the ea program, the court of appeals held that 403(a)(5) of the ssa, which authorizes federal funding of a state ea program, is the exclusive source of federal funds for a state program of emergency assistance, and that therefore a new "special needs" program that illinois proposed to operate under its title iv-a aid to families with dependent children (afdc) program, funded under 403(a)(1) of the ssa, in place of its withdrawn ea program, must, as a de facto ea program, extend aid to all persons eligible under 406(e)(1). held: 1. there is nothing in the policies or history of the ea statute .....

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May 31 1978 (FN)

California Vs. Southland Royalty Co.

Court : US Supreme Court

Decided on : May-31-1978

..... a service obligation that survived the expiration of the 20-year contract and that it could not abandon without commission approval. the court explained that the company's statutory obligation was not limited to the contractual commitment it had voluntarily assumed. ..... the company had applied to the commission for a limited certificate of convenience and necessity authorizing interstate page 436 u. s. 537 sales only for the term of the contract. the commission, however, tendered the company an unlimited certificate. the court ruled that by accepting that certificate and by exercising the authority granted by it, the company undertook ..... were . . . sustained, the page 436 u. s. 530 way would be clear for every independent producer of natural gas to seek certification only for the limited period of its initial contract with the transmission company, and thus automatically be free at a future date, untrammeled by commission regulation, to reassess whether it desired to continue serving the interstate market." id. at ..... to serve the interstate market imposed by a certificate of unlimited duration could not be terminated by private contractual arrangements. in that case, a producing company which had contracted with a pipeline to supply gas for 20 years sought a certificate from the commission limited to that period. the commission insisted on a permanent certificate, and this .....

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May 31 1978 (FN)

Andrus Vs. Charlestone Stone Products Co.

Court : US Supreme Court

Decided on : May-31-1978

andrus v. charlestone stone products co. - 436 u.s. 604 (1978) u.s. supreme court andrus v. charlestone stone products co., 436 u.s. 604 (1978) andrus v. charlestone stone products co., no. 77-380 argued april 18, 1978 decided may 31, 1978 436 u.s. 604 certiorari to the united states court of appeals for the ninth circuit syllabus the basic federal mining statute, 30 u.s.c. 22, which derives from an 1872 law, provides that "all valuable mineral deposits in lands belonging to the united states . . . shall be free and open to exploration and purchase." respondent, after purchasing a. number of mining claims, discovered water on one of them (claim 22) and used the water to prepare for commercial sale the sand and gravel removed from the claims. on review of unfavorable administrative decisions against respondent's claims in proceedings challenging their validity, the district court held, inter alia, that respondent was entitled to access to claim 22's water, and the court of appeals affirmed, adding sua sponte that claim 22 itself is valid because of the water thereon. held: water is not a "valuable mineral" within the meaning of 30 u.s.c. 22, and hence is not a locatable mineral thereunder. pp. 436 u. s. 610 -617. (a) the fact that water may be a "mineral" in the broadest sense of that word is not sufficient for a holding that a claimant has located a "valuable mineral deposit" under 22; nor is the fact that water may be valuable or marketable enough to support a mining claim' .....

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May 15 1978 (FN)

Sears, Roebuck and Co. Vs. Carpenters

Court : US Supreme Court

Decided on : May-15-1978

..... obtain were an employer subjected to recognitional or secondary picketing to seek injunctive relief in state court on the theory that the union was tortiously interfering with his freedom to contract. cf. retail clerks v. j. j. newberry co., 352 u.s. 987, summarily rev'g 78 idaho 85, 298 p.2d 375 (1956). [ footnote 25 ] one of the factors identified ..... 8(b)(2) or protected by 7. but rather than filing an unfair labor practice charge with the labor board, lockridge brought suit in state court on a breach of contract theory. he alleged that the union breached a promise implicit in the union constitution that it would not secure his discharge pursuant to the union security clause in the collective .....

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May 15 1978 (FN)

Kulko Vs. Superior Ct.

Court : US Supreme Court

Decided on : May-15-1978

..... cannot here be concluded, as it was in mcgee v. international life insurance co., 355 u. s. 220 , 355 u. s. 223 -224 (1957), with respect to actions on insurance contracts, that resident plaintiffs would be at a "severe disadvantage" if in personam jurisdiction over out-of-state defendants were sometimes unavailable. mr. justice brennan, with whom mr. justice white and ..... parties arises from a separation that occurred in the state of new york; appellee horn seeks modification of a contract that was negotiated in new york and that she flew to new york to sign. as in hanson v. denckla, 357 u.s. at 357 u. s. 252 , the instant ..... from a resident of california that could reasonably render him liable to suit in state court; appellant's activities cannot fairly be analogized to an insurer's sending an insurance contract and premium notices into the state to an insured resident of the state. cf. mcgee v. international life insurance co., 355 u. s. 220 (1957). furthermore, the controversy between the ..... the cause of action arises from appellant's personal, domestic relations; and where the controversy arises from a separation that occurred in new york, and modification is sought of a contract negotiated and signed in new york that had virtually no connection with the forum state, it is "unreasonable" for california to assert personal jurisdiction over appellant. p. 436 u. s .....

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Apr 25 1978 (FN)

National Soc'y of Prof. Engineers Vs. United States

Court : US Supreme Court

Decided on : Apr-25-1978

..... rec. 2456 (1890) (comments of sen. sherman); see generally h. thorelli, federal antitrust policy 228-229 (1955). [ footnote 12 ] "4thly, the fourth reason is in favour of these contracts, and is that there may happen instances wherein they may be useful and beneficial, as . . . in case of an old man who, finding himself under such circumstances, either of body ..... to constitute competitive bidding. an engineer requested to submit a fee proposal or bid prior to the selection of an engineer or firm subject to the negotiation of a satisfactory contract, shall attempt to have the procedure changed to conform to ethical practices, but if not successful he shall withdraw from consideration for the proposed work. these principles shall ..... v. reynolds has been regarded as a standard for testing the enforceability of covenants in restraint of trade which are ancillary to a legitimate transaction, such as an employment contract or the sale of a going business. judge (later mr. chief justice) taft so interpreted the rule in his classic rejection of the argument that competitors may lawfully ..... of construction." [ footnote 7 ] accordingly, competitive pressure to offer engineering services at the lowest possible price would adversely affect the quality of engineering. moreover, the practice of awarding engineering contracts to the lowest bidder, regardless of quality, would be dangerous to the public health, safety, and welfare. for these reasons, the society claimed that its code of ethics was .....

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Apr 25 1978 (FN)

City of Los Angeles Vs. Manhart

Court : US Supreme Court

Decided on : Apr-25-1978

..... ). two other agencies with responsibility for equal opportunity in employment adhere to the wage and hour administrator's position. see 41 cfr - 60.20.3(c) (1977) (office of federal contract compliance); 45 cfr 86.56(b)(2) (1976) (dept. of health, education, and welfare). see also 40 fed.reg. 24135 (1975) (hew). [ footnote 38 ] "if an employer establishes a pension .....

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Apr 18 1978 (FN)

Frank Lyon Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-18-1978

frank lyon co. v. united states - 435 u.s. 561 (1978) u.s. supreme court frank lyon co. v. united states, 435 u.s. 561 (1978) frank lyon co. v. united states no. 76-624 argued november 2, 1977 decided april 18, 1978 435 u.s. 561 certiorari to the united states court of appeals for the eighth circuit syllabus a state bank, which was a member of the federal reserve system, upon realizing that it was not feasible, because of various state and federal regulations, for it to finance by conventional mortgage and other financing a building under construction for its headquarters and principal banking facility, entered into sale and lease-back agreements by which petitioner took title to the building and leased it back to the hank for long-term use, petitioner obtaining both a construction loan and permanent mortgage financing. the bank is obligated to pay rent equal to the principal and interest payments on petitioner's mortgage, and has an option to repurchase the building at various times at prices equal to the then unpaid balance of petitioner's mortgage and initial $500,000 investment. on its federal income tax return for the year in which the building was completed and the bank took possession, petitioner accrued rent from the bank and claimed as deductions depreciation on the building, interest on its construction loan and mortgage, and other expenses related to the sale and lease-back transaction. the commissioner of internal revenue disallowed the deductions on the ground .....

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Apr 03 1978 (FN)

Malone Vs. White Motor Corp.

Court : US Supreme Court

Decided on : Apr-03-1978

..... the international union, united automobile, aerospace and agricultural implement workers of america (uaw), were covered by a pension plan established through collective bargaining. under the 1971 collective bargaining contract, the pension plan provided that an employee who attained the age of 40 and completed 10 or more years of credited service with the company was entitled to a pension ..... a lien on the assets of appellee. appellee promptly filed this suit in federal district court. appellee's complaint, as amended, asserted violations of the supremacy clause, the contract clause, and the due process and equal protection clauses of the fourteenth amendment of the united states constitution. the supremacy clause claim was based on the argument that the pension ..... ." id. at 7208. congressman bosch, the leading opponent of the bill in the house, argued bluntly: "those 'level of benefits' plans which now operate under collective bargaining contracts were agreed to with the full knowledge by the unions involved that the cost, operation and management were the exclusive right of the persons responsible under the plans and, if ..... footnote 15 ] in fleck v. spannaus, 449 f.supp. 644 (minn.1977), a three-judge district court upheld the minnesota pension act against a federal constitutional challenge based on the contract clause, as well as other constitutional provisions. we have noted probable jurisdiction in that case sub nom. allied structural steel co. v. spannaus, 434 u.s. 1045, but have .....

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Mar 29 1978 (FN)

City of Lafayette Vs. Louisiana Pandl; Co.

Court : US Supreme Court

Decided on : Mar-29-1978

..... n. 24. [ footnote 3/4 ] the court assumed that california's program would violate the sherman act "if it were organized and made effective solely by virtue of a contract, combination or conspiracy of private persons, individual or corporate," but noted that the program "was never intended to operate by force of individual agreement or combination." 317 u.s. at ..... plurality's test is. stripped to its essentials, the counterclaim alleged that the petitioners engaged in sham litigation, maintained their monopolies by debenture covenants, foreclosed competition by long-term supply contracts, page 435 u. s. 436 and tied the sale of gas and water to the sale of electricity. broadly speaking, these actions could be characterized as bringing lawsuits, ..... have incurred." app. 14. (emphasis added.) it strikes me as somewhat remarkable to suggest that the same congress which "meant to deal comprehensively and effectively with the evils resulting from contracts, combinations and conspiracies in restraint of trade," atlantic cleaner & dyers, inc. v. united states, 286 u. s. 427 , 286 u. s. 435 (1932), would have allowed these ..... other individuals and business enterprises with which they interrelate as purchasers, suppliers, and sometimes, as here, as competitors. [ footnote 24 ] lp&l; alleged that the city of plaquemine contracted to provide lp&l;'s electric customers outside its city limits gas and water service only on condition that the customers purchase page 435 u. s. 404 electricity from the .....

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