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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1980 Page 1 of about 87 results (0.059 seconds)

May 19 1980 (FN)

Andrus Vs. Utah

Court : US Supreme Court

Decided on : May-19-1980

..... it would have had had it actually received all of the granted sections in place. [ footnote 10 ] thus, as is typical of private contract remedies, the purpose of the right to make indemnity selections was to give the state the benefit of the bargain. the history of the general statutes relating to land grants for school purposes confirms this ..... the language of the taylor grazing act. third, the court assumes -- without discussion -- that the taylor grazing act gives the secretary of the interior discretion to reject indemnity selections under standards inconsistent with the criteria set out in the statutes authorizing the selections. every federal court that has considered the secretary's authority under the taylor grazing act ..... designated sections had already "been sold or otherwise disposed of" pursuant to another act of congress, "other lands equivalent thereto . . . are hereby granted." the substitute grants, denominated "indemnity lands," were "to be selected within the state in such manner as [its] legislature may provide with the approval of the secretary of the interior." [ footnote 1 ] because much of ..... were frustrated by federal preemption or private entry prior to being surveyed. in so acting, the secretary followed the policy that, in the exercise of his discretion under 7, indemnity applications involving grossly disparate values would be refused. utah filed suit in federal district court, which, upon stipulated facts, entered summary judgment for the state. the court of .....

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May 08 1980 (SC)

Union of India (Uoi) and ors. Vs. C. Damani and Co. and ors.

Court : Supreme Court of India

Decided on : May-08-1980

Reported in : AIR1980SC1149; 1980Supp(1)SCC707; 1980(12)LC706(SC)

..... the export of which he legitimately expected a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.21. this takes us to the circumstances which were high lighted by shri diwan and countered by shri watal. the central government was somewhat neutral ..... relieve the indigenous supplier from the obligation to indemnily, having regard to the fact that the stand of the government of india was that the foreign contract was frustrated and the obligation for indemnity in the indian contract was consequently absolved and the stc was itself a state instrumentality of the central government and was subject 10 its statutory directives. more than all ..... conformity with the ad interim order, to consider whether, in equity, we should give a 'direction that if the foreign buyer damages for breach of contracts from stc should at all be permitted to enforce indemnity given by the intending exporters.'26. indeed, there is an express indication in the order that this question of equity will be decided at the time ..... , the case of the stc itself has been that the foreign contract is frustrated and, in that view, it is inequitable to keep the indemnity clause in the indian contract alive, thus holding over his head the democles sword of an uncertain litigation abroad and its chancy consequences.19. there is much .....

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Jan 21 1980 (FN)

Hatzlachh Supply Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jan-21-1980

..... compensation to injured servicemen, which we understood congress intended to be the sole remedy for service-connected injuries, we declined to construe the tort claims act to permit third-party indemnity suits that in effect would expose the government to greater liability than that contemplated under the statutory compensation scheme. in stencel, congress had provided a remedy, which we thought ..... anything else page 444 u. s. 464 called to our attention, indicates that the tort claims act withdrew to any extent existing remedies for the breach of express or implied contracts. others have read the statute and its legislative history to this effect. see 2 l. jayson, personal injury: handling federal tort claims 256 (1979); gellhorn & schenck, tort actions ..... such as the tucker act, which invests the court of claims with jurisdiction to render judgment "upon any claim against the united states founded . . . upon any express or implied contract with the united states." neither does 2680(c)'s legislative history support the view that it was intended to declare the immunity of the united states from express or implied ..... federal tort claims act (ftca) any claim arising in respect of the detention of merchandise by any customs officer, does not foreclose a remedy on an implied-in-fact contract of bailment. although the section excludes certain claims from the statutory waiver of immunity from tort liability, it does not limit or otherwise affect immunity waivers contained in other statutes .....

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Dec 15 1980 (FN)

Delaware State Coll. Vs. Ricks

Court : US Supreme Court

Decided on : Dec-15-1980

..... case expressly relied in explaining its action in the june 26 letter. justice stevens, dissenting. the custom widely followed by colleges and universities of offering a l-year terminal contract immediately after making an adverse tenure decision is, in my judgment, analogous to the custom in many other personnel relationships of giving an employee two weeks' advance notice of ..... that the court of appeals' "final day of employment" rule might discourage colleges even from offering a "grace period," such as delaware state's practice of 1-year "terminal" contracts, during which the junior faculty member not offered tenure may seek a teaching position elsewhere. [ footnote 13 ] if september 12 were the critical date, the 1981 claim would be ..... no suggestion has been made that ricks was treated differently from other unsuccessful tenure aspirants. rather, in accord with the college's practice, ricks was offered a 1-year "terminal" contract, with explicit notice that his employment would end upon its expiration. in sum, the only alleged discrimination occurred -- and the filing limitations periods therefore commenced -- at the time ..... to the court of appeals, however, the title vii filing requirement, and the statute of limitations for the 1981 claim, did not commence to run until ricks' "terminal" contract expired on june 30, 1975. the court reasoned: "'[a] terminated employee who is still working should not be required to consult a lawyer or file charges of discrimination against his .....

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Dec 15 1980 (FN)

Potomac Elec. Power Co. Vs. Director, Owcp

Court : US Supreme Court

Decided on : Dec-15-1980

..... physical loss to him, he may not, under the present act, be paid compensation for his physical impairment. it is understandable that employees with such losses expect some form of indemnity for their loss." s.rep. no. 836, at 17. in relying upon this legislative history of the feca, i do not mean to suggest that that history is part of .....

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Dec 09 1980 (FN)

Allen Vs. Mccurry

Court : US Supreme Court

Decided on : Dec-09-1980

allen v. mccurry - 449 u.s. 90 (1980) u.s. supreme court allen v. mccurry, 449 u.s. 90 (1980) allen v. mccurry no. 79-935 argued october 8, 1980 decided december 9, 1980 449 u.s. 90 certiorari to the united states court of appeals for the eighth circuit syllabus at a hearing before respondent's criminal trial, a missouri court denied, in part, respondent's motion to suppress, on fourth and fourteenth amendment grounds, certain evidence that had been seized by the police. respondent was subsequently convicted, and the conviction was affirmed on appeal. because he did not assert that the state courts had denied him a "full and fair opportunity" to litigate his search and seizure claim, respondent was barred by stone v. powell, 428 u. s. 465 , from seeking a writ of habeas corpus in a federal district court. nevertheless, he sought federal court redress for the alleged constitutional violation by bringing a suit for damages under 42 u.s.c. 1983 against the officers who had seized the evidence in question. the federal district court granted summary judgment for the defendants, holding that collateral estoppel prevented respondent from relitigating the search and seizure question already decided against him in the state courts. the court of appeals reversed and remanded, noting that stone v. powell, supra, barred respondent from federal habeas corpus relief, and that the 1983 suit was, therefore, respondent's only route to a federal forum for his constitutional claim, and .....

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Nov 17 1980 (FN)

Allied Chem. Corp. Vs. Daiflon, Inc.

Court : US Supreme Court

Decided on : Nov-17-1980

allied chem. corp. v. daiflon, inc. - 449 u.s. 33 (1980) u.s. supreme court allied chem. corp. v. daiflon, inc., 449 u.s. 33 (1980) allied chemical corp. v. daiflon, inc. no. 71-1895 decided november 17, 1980 449 u.s. 33 on petition for writ of certiorari to the united states court of appeals for the tenth circuit syllabus held: where the district court, because of error in certain of its evidentiary rulings in respondent's private antitrust action, had entered a nonappealable interlocutory order granting a new trial after the jury had returned a verdict for respondent, the court of appeals erred in issuing a writ of mandamus directing the trial court to restore the verdict as to liability but permitting a new trial on damages. the remedy of mandamus is a drastic one, to be invoked only in extraordinary situations. the party seeking issuance of the writ must have no other adequate means to obtain the relief he desires, and thus a trial court's ordering of a new trial, which is reviewable on direct appeal after a final judgment has been entered, rarely, if ever, will justify the issuance of the writ. to overturn a new trial order by way of mandamus undermines the policy against piecemeal appellate review. certiorari granted; 612 f.2d 1249, reversed. per curiam. respondent, daiflon, inc., is a small importer of refrigerant gas that brought an antitrust suit against all domestic manufacturers of the gas. petitioner e. i. du pont de nemours & co. was accused of monopolizing the .....

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Jul 02 1980 (FN)

Fullilove Vs. Klutznick

Court : US Supreme Court

Decided on : Jul-02-1980

..... , could perpetuate the effects of prior discrimination. accordingly, congress reasonably determined that the prospective elimination of these barriers to minority firm access to public contracting opportunities generated by the 1977 act was appropriate to ensure that those businesses were not denied equal opportunity to participate in federal grants to state and ..... footnote 51 ] the page 448 u. s. 467 civil rights commission report discussed at some length the barriers encountered by minority businesses in gaining access to government contracting opportunities at the federal, state, and local levels. [ footnote 52 ] among the major difficulties confronting minority businesses were deficiencies in working capital, inability to meet ..... footnote 48 ]" the 1975 report gave particular attention to the 8(a) program, expressing disappointment with its limited effectiveness. [ footnote 49 ] with specific reference to government construction contracting, the report concluded, "there are substantial 8(a) opportunities in the area of federal construction, but . . . the practices of some agencies preclude the realization of this ..... legislation may be potentially inequitable to minority businesses and workers" in that it would perpetuate the historic practices that have precluded minority businesses from effective participation in public contracting opportunities. [ footnote 32 ] the amendment was accepted by the house. [ footnote 33 ] two weeks later, the senate considered s. 427, its package .....

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Jul 02 1980 (FN)

indus. Union Dept. Vs. Amer. Petroleum Inst.

Court : US Supreme Court

Decided on : Jul-02-1980

..... secretary could reasonably reject them on the basis of the evidence in the record. for example: (1) the witness appeared to assume that, in previous tests, leukemia had been contracted after a lifetime of exposure; the evidence afforded no basis for that assumption, and the duration of exposure may have been quite short for particular employees. if the duration period ..... , 54165-54167 (1977). industry witnesses challenged this theory, arguing that the presence of several different defense mechanisms in the human body make it unlikely that a person would actually contract cancer as a result of absorbing one carcinogenic molecule. thus, the molecule might be detoxified before reaching a critical site, damage to a dna molecule might be repaired, or a ..... a number of epidemiological studies were also done among american rubber workers during this period. dr. a. j. mcmichael's studies indicated a nine-fold increase in the risk of contracting leukemia among workers who were heavily exposed in the 1940's and 1950's to pure benzene used as a solvent. mcmichael, spirtas, kupper, & gamble, solvent exposure and leukemia ..... 5), coupled with osha's cancer policy. expert testimony that a substance is probably a human carcinogen -- either because it has caused cancer in animals or because individuals have contracted cancer following extremely high exposures -- would justify the conclusion that the substance poses some risk of serious harm, no matter how minute the exposure and no matter how many experts .....

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Jun 30 1980 (FN)

United States Vs. Sioux Nation of Indians

Court : US Supreme Court

Decided on : Jun-30-1980

..... determination, any statute of limitations, release, or prior acceptance of partial allowance, to hear, determine, and render judgment upon" certain claims against the united states arising out of a construction contract. special act of feb. 27, 1942, 1, 56 stat. 1122. the court was also directed to determine pope's claims and render judgment upon them according to a particular formula ..... congress to direct the court of claims to entertain a claim theretofore barred for any legal reason from recovery -- as, for instance, by the statute of limitations, or because the contract had been drafted to exclude such claims -- was to invoke the use of judicial power, notwithstanding that the task might involve no more than computation of the sum due. . . . after .....

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