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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 2 of about 89 results (0.239 seconds)

Jun 30 1983 (FN)

United States Vs. Sells Engineering, Inc.

Court : US Supreme Court

Decided on : Jun-30-1983

..... particularized need required by that rule. i respondents peter a. sells and fred r. witte were officers of respondent sells engineering, inc. that company page 463 u. s. 421 had contracts with the united states navy to produce airborne electronic devices designed to interfere with enemy radar systems. in 1974, a special agent of the internal revenue service began a combined ..... argued march 2, 1983 decided june 30, 1983 463 u.s. 418 certiorari to the united states court of appeals for the ninth circuit syllabus after respondents, a company having contracts with the navy and company officials, were indicted by a federal grand jury for conspiracy to defraud the united states and tax fraud, the parties reached a plea bargain under .....

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Jun 29 1983 (FN)

Mueller Vs. Allen

Court : US Supreme Court

Decided on : Jun-29-1983

mueller v. allen - 463 u.s. 388 (1983) u.s. supreme court mueller v. allen, 463 u.s. 388 (1983) mueller v. allen no. 82-195 argued april 18, 1983 decided june 29, 1983 463 u.s. 388 certiorari to the united states court of appeals for the eighth circuit syllabus a minnesota statute ( 290.09, subd. 22) allows state taxpayers, in computing their state income tax, to deduct expenses incurred in providing "tuition, textbooks and transportation" for their children attending an elementary or secondary school. petitioner minnesota taxpayers brought suit in federal district court against respondent minnesota commissioner of revenue and respondent parents who had taken the tax deduction for expenses incurred in sending their children to parochial schools, claiming that 290.09, subd. 22, violates the establishment clause of the first amendment by providing financial assistance to sectarian institutions. the district court granted summary judgment for respondents, holding that the statute is neutral on its face and in its application and does not have a primary effect of either advancing or inhibiting religion. the court of appeals affirmed. held: section 290.09, subd. 22, does not violate the establishment clause, but satisfies all elements of the "three-part" test laid down in lemon v. kurtzman, 403 u. s. 602 , that must be met for such a statute to be upheld under the clause. pp. 463 u. s. 392 -403. (a) the tax deduction in question has the secular purpose of ensuring that the state' .....

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Jun 28 1983 (FN)

Psc Vs. Mid-louisiana Gas Co.

Court : US Supreme Court

Decided on : Jun-28-1983

..... the interstate market, but maintains nga price controls on old gas to prevent unnecessary price increases. [ footnote 2/7 ] the commission plausibly distinguishes affiliate sales, governed by sales contracts, from the purely internal transfers of gas between production and transportation divisions of a single corporation. see order no. 102, 45 fed.reg. 67084 (1980). in a footnote, ..... reply brief, the commission argues that congress intended to distinguish between production by pipelines and production by pipeline affiliates, on the theory that affiliate sales "are governed by sales contracts" and are therefore "subject to the realities of the marketplace." reply brief for federal energy regulatory commission 4-6. yet 601(b)(1)(e) reveals that congress ..... the extreme to conclude that congress nonetheless meant to permit pipeline producers to qualify automatically for full ngpa prices by virtue of intracorporate transfers that are not covered by contracts." brief for federal energy regulatory commission 31-32. page 463 u. s. 340 this argument refutes a position that no one advocates. we agree completely that the ..... own production; for downstream sales of commingled independent-producer and pipeline-producer gas, as long as it dedicated an equivalent volume of its production to that purchaser by contract; and for downstream sales of commingled gas in an otherwise unregulated intrastate market. but if a pipeline sells commingled gas in an interstate market without dedicating a particular .....

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Jun 28 1983 (FN)

Solem Vs. Helm

Court : US Supreme Court

Decided on : Jun-28-1983

..... to look at a defendant's motive in committing a crime. thus, a murder may be viewed as more serious when committed page 463 u. s. 294 pursuant to a contract. see, e.g., mass.gen.laws ann., ch. 279, 69(a)(5) (west supp.1982-1983); cf. 4 blackstone *15; in re foss, 10 cal.3d 910, 519 p.2d .....

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Jun 27 1983 (FN)

United States Vs. Mitchell

Court : US Supreme Court

Decided on : Jun-27-1983

..... indian affairs, regulations and instructions for officers in charge of forests on indian reservations 4 (1911). the regulations addressed virtually every aspect of forest management, including the size of sales, contract procedures, advertisements and methods of billing, deposits and bonding requirements, administrative fee deductions, procedures for sales by minors, allowable heights of stumps, tree marking and scaling rules, base and ..... , a court need not find a separate waiver of sovereign immunity in the substantive provision, just as a court need not find consent to suit in "any express or implied contract with the united states." ibid. the tucker act itself provides the necessary consent. of course, in determining the general scope of the tucker act, this court has not lightly ..... and procedure 3656, p. 202 (1976). the source of consent for such suits unmistakably lies in the tucker act. otherwise, it is doubtful that any consent would exist, for no contracting officer or other official is empowered to consent to suit against the united page 463 u. s. 216 states. [ footnote 14 ] the same is true for claims founded upon ..... upon any claim against the united states founded either upon the constitution, or any act of congress, or any regulation of an executive department, or upon any express or implied contract with the united states, or for liquidated or unliquidated damages in cases not sounding in tort." it is axiomatic that the united states may not be sued without its consent .....

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Jun 24 1983 (FN)

Franchise Tax Bd. Vs. Construction Laborers

Court : US Supreme Court

Decided on : Jun-24-1983

..... view of who may sue under 301 for violations of such contracts, see, e.g., smith v. evening news assn., 371 u. s. 195 (1962); lewis v. benedict coal corp., 361 u. s. 459 (1960); ..... 499, 501-502 (ca8 1964) (blackmun, j.). [ footnote 28 ] in contrast, 301(a) of the lmra applies to all "[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce . . . or between any such labor organizations." we have not taken a restrictive ..... as to displace entirely any state cause of action "for violation of contracts between an employer and a labor organization." [ footnote 25 ] any such suit is purely a creature of federal law, notwithstanding the fact that ..... 301, and thus could be removed to federal court, although the petitioner had undoubtedly pleaded an adequate claim for relief under the state law of contracts and had sought a remedy available only under state law. the necessary ground of decision was that the preemptive force of 301 is so powerful ..... avco corp. v. aero lodge no. 75. in that case, the petitioner filed suit in state court alleging simply that it had a valid contract with the respondent, a union, under which the respondent had agreed to submit all grievances to binding arbitration and not to cause or sanction any " .....

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Jun 24 1983 (FN)

Bolger Vs. Youngs Drug Products Corp.

Court : US Supreme Court

Decided on : Jun-24-1983

bolger v. youngs drug products corp. - 463 u.s. 60 (1983) u.s. supreme court bolger v. youngs drug products corp., 463 u.s. 60 (1983) bolger v. youngs drug products corp., no. 81-1590 argued january 12, 1983 decided june 24, 1983 463 u.s. 60 appeal from the united states district court for the district of columbia syllabus title 39 u.s.c. 3001(e)(2) prohibits the mailing of unsolicited advertisements for contraceptives. when appellee manufacturer of contraceptives proposed to mail to the public unsolicited advertisements including informational pamphlets promoting its products but also discussing venereal disease and family planning, the postal service notified appellee that the proposed mailings would violate 3001(e)(2). appellee then brought an action for declaratory and injunctive relief in federal district court, which held that the statute, as applied to the proposed mailings, violated the first amendment. held: as applied to appellee's proposed mailings, 3001(e)(2) is unconstitutional. pp. 463 u. s. 64 -75. (a) the mailings, which are concededly advertisements, refer to specific products, and are economically motivated, constitute commercial speech notwithstanding the fact that they contain discussions of important public issues such as the prevention of venereal disease and family planning. pp. 463 u. s. 64 -68. (b) advertising for contraceptives not only implicates "substantial individual and societal interests" in the free flow of commercial information, but also .....

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Jun 24 1983 (FN)

Edward J. Debartolo Corp. Vs. Nlrb

Court : US Supreme Court

Decided on : Jun-24-1983

..... contained a distribution requirement. [ footnote 9 ] in this case, debartolo is willing to assume that wilson distributes products that are "produced" by high within the meaning of the statute. wilson contracted with high to receive the construction services that are the subject of the primary dispute, and the cost of those services will presumably be reflected in the prices of the .....

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Jun 23 1983 (FN)

ins Vs. Chadha

Court : US Supreme Court

Decided on : Jun-23-1983

..... be disapproved by resolution of either house) (acquisition by sfc of a synthetic fuels project which is receiving financial assistance may be disapproved by resolution of either house) (sfc contract renegotiations exceeding initial cost estimates by 175% may be disapproved by resolution of either house) (proposed financial assistance to synthetic fuel projects in western hemisphere outside united states may be ..... synthetic fuels development, and individual contracts to purchase more than 75,000 barrels per day, including use of loans or guarantees, may be disapproved by resolution of either house) (procedures for either house to disapprove ..... to provide loans or guarantees in excess page 462 u. s. 1008 of established amounts may be disapproved by resolution of either house) (proposed award by president of individual contracts for purchase of more than 75,000 barrels per day of crude oil may be disapproved by resolution of either house) (president's proposals to overcome energy shortage through ..... foreign hostilities.)" "3. department of defense appropriation authorization act, 1974, pub.l. no. 93-155, 807, 87 stat. 605, 615 (1973), 50 u.s.c. 1431 (national defense contracts obligating the united states for any amount in excess of $25,000,000 may be disapproved by resolution of either house). " page 462 u. s. 1004 "4. department of defense .....

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Jun 17 1983 (FN)

Fnc Bank Vs. Banco Para El Comercio

Court : US Supreme Court

Decided on : Jun-17-1983

..... decision holding that rolimpex, a polish state trading enterprise that sold polish sugar overseas, could successfully assert a defense of force majeure in an action for breach of a contract to sell sugar. rolimpex had defended on the ground that the polish government had instituted a ban on the foreign sale of polish sugar. lord wilberforce agreed with the ..... three cuban state-owned enterprises, including cubazucar, lord wilberforce described the legal status of government instrumentalities: "state-controlled enterprises, with legal personality, ability to trade and to enter into contracts of private law, though wholly subject to the control of their state, are a well-known feature of the modern commercial scene. the distinction between them, and their governing state ..... of banco nacional. a general manager appointed by the governing board was charged with directing bancec's day-to-day operations in a manner consistent with its enabling statute. in contracts signed on august 12, 1960, bancec agreed to purchase a quantity of sugar from el institutio nacional de reforma agraria (inra), an instrumentality of the cuban government which owned ..... foreign trade, with full juridical capacity of its own. respondent sought to collect on a letter of credit issued by petitioner bank in respondent's favor in support of a contract for delivery of cuban sugar to a buyer in the united states. shortly thereafter, all of petitioner's assets in cuba were seized and nationalized by the cuban government. .....

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