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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 3 of about 89 results (0.056 seconds)

Jun 15 1983 (FN)

Philko Aviation, Inc. Vs. Shacket

Court : US Supreme Court

Decided on : Jun-15-1983

..... innocent third parties are preempted by the federal act. although if 503(c) were interpreted literally in accordance with the federal act's definition of "conveyance" -- "a bill of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property" -- it would invalidate only unrecorded title instruments, and not unrecorded title transfers, thus ..... such conveyance or other instrument is filed for recordation in the office of the secretary of transportation." the statutory definition of "conveyance" defines the term as "a bill of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property." 49 u.s.c. 1301(20) (1976 ed., supp. v). if 503(c .....

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Jun 08 1983 (FN)

Exxon Corp. Vs. Eagerton

Court : US Supreme Court

Decided on : Jun-08-1983

..... to entitle appellants to reimbursement only for that portion of the severance tax which state law itself imposes on the royalty owners, appellants would still have no objection under the contract clause. in that event, the increase in the severance tax would be absorbed by appellants not because the state has nullified any contractual obligation, but simply because the ..... was to alter contractual duties. cf. worthen co. v. kavanaugh, 295 u. s. 56 (1935) (statute which drastically limited the remedies available to mortgagees held invalid under the contract clause). alabama's power to prohibit oil and gas producers from passing the increase in the severance tax on to their purchasers is confirmed by several decisions of this court ..... (1936) (brandeis, j., concurring). b unlike the royalty owner exemption, the pass-through prohibition did restrict contractual obligations of which appellants were the beneficiaries. appellants were parties to sale contracts that permitted them to include in their prices any increase in the severance taxes that they were required to pay on the oil or gas being sold. [ footnote 10 ] the ..... tax increase, and prohibited producers from passing on the increase to their purchasers. appellants challenge the pass-through prohibition and the royalty owner exemption under the supremacy clause, the contract clause, and the equal protection clause. i since 1945 alabama has imposed a severance tax on oil and gas extracted from wells located in the state. ala.code 40 .....

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Jun 08 1983 (FN)

Delcostello Vs. Teamsters

Court : US Supreme Court

Decided on : Jun-08-1983

..... upon employers and unions the power to establish exclusive grievance procedures, intended to confer upon unions . . . unlimited discretion to deprive injured employees of all remedies for breach of contract." id. at 386 u. s. 186 . but nothing in the language, structure, or legislative history of the national labor relations act compels the further conclusion that congress intended ..... the main difference is that a party to commercial arbitration will ordinarily be represented by counsel or, at least, will have some experience in matters of commercial dealings and contract negotiation. moreover, an action to vacate a commercial arbitral award will rarely raise any issues not already presented and contested in the arbitration proceeding itself. in the labor ..... . page 462 u. s. 165 'to prevail against either the company or the union, . . . [employee-plaintiffs] must not only show that their discharge was contrary to the contract, but must also carry the burden of demonstrating breach of duty by the union.'" mitchell, supra, at 451 u. s. 66 -67 (stewart, j., concurring in judgment), quoting ..... statute of limitations for actions to vacate arbitration awards. [ footnote 4 ] the district court disagreed, holding that the applicable statute was the 3-year state statute for actions on contracts. [ footnote 5 ] 510 f.supp. 716 (1981). on reconsideration following our decision in mitchell, however, the court granted summary judgment for respondents, concluding that mitchell compelled application .....

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May 31 1983 (FN)

United States Vs. Rogers

Court : US Supreme Court

Decided on : May-31-1983

united states v. rogers - 461 u.s. 677 (1983) u.s. supreme court united states v. rogers, 461 u.s. 677 (1983) united states v. rogers no. 81-1476 argued december 6, 1982 decided may 31, 1983 * 461 u.s. 677 certiorari to the united states court of appeals for the fifth circuit syllabus these cases present the issue whether 7403 of the internal revenue code of 1954 which authorizes a federal district court, in a suit instituted by the government, to decree a sale of certain properties to satisfy the tax indebtedness of delinquent taxpayers -- empowers a district court to order the sale of the family home in which a delinquent taxpayer had an interest at the time he incurred his indebtedness, but in which the taxpayer's spouse, who does not owe any of that indebtedness, also has a separate "homestead" right as defined by texas law. under texas statutory and constitutional provisions, each spouse -- regardless of whether one or both owns the fee interest -- has a separate and undivided possessory interest in the homestead, which is only lost by death or abandonment and may not be compromised by either the other spouse or his or her heirs, and which, in effect, is an interest akin to an undivided life estate in the property. in the rodgers case, the government filed suit against respondents, the widow, children, and executor of philip bosco, to reduce to judgment, assessments made against philip before his death for unpaid taxes and to enforce the government's tax liens, .....

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May 31 1983 (FN)

Bill Johnson's Restaurants, Inc. Vs. NLRB

Court : US Supreme Court

Decided on : May-31-1983

..... was of the erroneous view that a state suit could never be enjoined unless it sought "an unlawful objective, as, for example, when a union sues to enforce an unlawful contract." app. to brief for petitioner c5. it appears that only the libel count remains pending before the state court. if petitioner's other claims have been finally adjudicated to be .....

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May 31 1983 (FN)

W. R. Grace and Co. Vs. Rubber Workers

Court : US Supreme Court

Decided on : May-31-1983

..... its layoff plans, its extant, conflicting, and voluntarily assumed contractual obligations exposed it to liability regardless of the layoff procedure it followed. in order to avoid liability under either contract, the company, of course, could have accepted the economic losses of forgoing its reduction-in-force plans. this is not to say that, in the face of the economic ..... conciliate does not have coercive legal effect). permitting such a result would undermine the federal labor policy that parties to a collective bargaining agreement must have reasonable assurance that their contract will be honored. charles dowd box co. v. courtney, 368 u. s. 502 , 368 u. s. 509 (1962). although the ability to abrogate unilaterally the provisions of a ..... the authority of arbitrators is a subject of collective bargaining, just as is any other contractual provision, the scope of the arbitrator's authority is itself a question of contract interpretation that the parties have delegated to the arbitrator. barrett's conclusions that sabella acted outside his jurisdiction, and that this deprived the sabella award of precedential force under the ..... well-established standards for the review of labor arbitration awards, a federal court may not overrule an arbitrator's decision simply because the court believes its own interpretation of the contract would be the better one. steelworkers v. enterprise wheel & car corp., 363 u. s. 593 , 363 u. s. 596 (1960). when the parties include an arbitration clause in .....

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May 31 1983 (FN)

Bell Vs. New Jersey

Court : US Supreme Court

Decided on : May-31-1983

..... improperly or wastefully used or diverted to uses not permitted by the act." 111 cong.rec. 6147 (1965) (emphasis added). [ footnote 10 ] section 415 reads: "payments pursuant to grants or contracts under any applicable program may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the secretary may ..... of the 1974 bill included a new remedy: specific performance. the bill provided that, as long as the recipient retained funds, the secretary could seek specific performance of the grant "contract" in the federal courts. see s. 1539, 93d cong., 2d sess., 434(c)(2) (1974). although the conference committee eventually eliminated the provision, h.r.conf.rep. no. 93-1211 .....

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May 24 1983 (FN)

Morrison-knudsen Vs. Director, Owcp

Court : US Supreme Court

Decided on : May-24-1983

..... workers' compensation act (lhwca) defines "wages" for the purpose of computing compensation benefits under the act as meaning "the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received ..... and that has remained unchanged through 10 revisions of the act. [ footnote 6 ] the section provides: "'wages' means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in ..... ). [ footnote 2/2 ] in this case, congress enacted the pertinent statutory language in 1927. "wages" were defined as "the money rate at which the service . . . is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer." act of mar. 4 ..... majority's narrow construction of the term "wages" is fundamentally at odds with congress' purpose in enacting the compensation scheme, i dissent. [ footnote 2/1 ] hilyer v. morrison-knudsen contracting co., 216 u.s.app.d.c. 50, 670 f.2d 208 (1981). the only other court of appeals to address this question has reached the same conclusion. duncanson-harrelson .....

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May 24 1983 (FN)

General Motors Corp. Vs. Devex Corp.

Court : US Supreme Court

Decided on : May-24-1983

general motors corp. v. devex corp. - 461 u.s. 648 (1983) u.s. supreme court general motors corp. v. devex corp., 461 u.s. 648 (1982) general motors corp. v. devex corp. no. 81-1661 argued december 7, 1982 decided may 24, 1983 461 u.s. 648 certiorari to the united states court of appeals for the third circuit syllabus prior to 1946, the section of the patent laws governing recovery in patent infringement actions contained no reference to interest. in 1946 the section was amended, and now provides in 35 u.s.c. 284 that the court shall award a successful claimant "damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court." in respondent devex corp.'s action against petitioner for infringement of a patent covering a lubricating process used in the cold-forming of metal car parts by pressure, the district court entered judgment for devex pursuant to 284, awarding, in addition to royalties and postjudgment interest, prejudgment interest. after determining what the annual royalty payments would have been, the court calculated prejudgment interest on each payment from the time it would have become due. the court of appeals affirmed. held: the award of prejudgment interest was proper in this case. pp. 461 u. s. 651 -657. (a) section 284 does not incorporate the pre-1946 common law standard enunciated in duplate corp. v. triplex safety .....

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May 23 1983 (FN)

Verlinden B.V. Vs. Central Bank of Nigeria

Court : US Supreme Court

Decided on : May-23-1983

..... of 28 u.s.c. 1605(a). texas trading & milling corp. v. federal republic of nigeria, 647 f.2d at 310-313. each of those actions involved a contract with an american supplier operating within the united states, however. in the present case, the district court found that exception inapplicable, concluding that the repudiation of the letter of credit ..... every claim against a foreign sovereign a federal cause of action. see generally 13 wright, miller, & cooper 3563, at 418-419. [ footnote 23 ] in several related cases involving contracts between nigeria and other cement suppliers, the court of appeals held that statutory subject matter jurisdiction existed under the act. in those cases, the court held that nigeria's acts ..... 1 ] morgan guaranty acted solely as an advising bank; it undertook no independent responsibility for guaranteeing the letter of credit. [ footnote 2 ] in 1975, nigeria entered into 109 cement contracts with 68 suppliers. for a description of the general background of these events, see texas trading & milling corp. v. federal republic of nigeria, 647 f.2d 300, 303-306 (ca2 ..... in mid-september, central bank unilaterally directed its correspondent banks, including morgan guaranty, to adopt a series of amendments to all letters of credit issued in connection with the cement contracts. central bank also directly notified the suppliers that payment would be made only for those shipments approved by central bank two months before their arrival in nigerian waters. [ footnote .....

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