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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 7 of about 89 results (0.075 seconds)

Apr 19 1983 (FN)

Anderson Vs. Celebrezze

Court : US Supreme Court

Decided on : Apr-19-1983

anderson v. celebrezze - 460 u.s. 780 (1983) u.s. supreme court anderson v. celebrezze, 460 u.s. 780 (1983) anderson v. celebrezze no. 81-1635 argued december 6, 1982 decided april 19, 1983 460 u.s. 780 certiorari to the united states court of appeals for the sixth circuit syllabus an ohio statute requires an independent candidate for president to file a statement of candidacy and nominating petition in march in order to appear on the general election ballot in november. on april 24, 1980, petitioner anderson announced that he was an independent candidate for president. thereafter, on may 16, 1980, his supporters tendered a nominating petition and statement of candidacy, satisfying the substantive requirements for ballot eligibility, to respondent ohio secretary of state. respondent refused to accept the documents because they had not been filed within the time required by the ohio statute. anderson and petitioner voters then filed an action in federal district court, challenging the constitutionality of the statute. the district court granted summary judgment for petitioners and ordered respondent to place anderson's name on the general election ballot, holding that the statutory deadline was unconstitutional under the first and fourteenth amendments. the court of appeals reversed, holding that the early deadline served the state's interest in voter education by giving voters a longer opportunity to see how presidential candidates withstand the close scrutiny of a political .....

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Apr 04 1983 (FN)

Operating Engineers Vs. Jones

Court : US Supreme Court

Decided on : Apr-04-1983

..... of local 926 (union) had "maliciously and with full intent intimidated and coerced georgia power . . or caused georgia power . . . to be intimidated and coerced, into breaching its employment contract with plaintiff." in addition, jones alleged, in an amendment to his complaint, app. to juris.statement 18a-19a, 2a, that the union and georgia power co. (company) jointly conspired to ..... state law. for similar reasons, in farmer v. carpenters, we held that, insofar as the state court suit rested on claims of discriminatory hiring hall referrals and breach of contract, it was preempted, but that it was not preempted and could go forward insofar as it alleged the outrageous and intentional infliction of emotional distress. we deal with sears, ..... $5,000 in attorney's fees, interest, and costs. count ii of his complaint sought relief against the company and alleged that the company had breached its employment contract. the georgia trial court dismissed the complaint, concluding that the common law tort action had been preempted because the subject matter of the complaint was arguably within the exclusive jurisdiction ..... representative of the union, had "maliciously and with full intent, intimidated and coerced georgia power company, or caused georgia power company to be intimidated and coerced, into breaching its employment contract with the plaintiff." respondent prayed for a judgment of $80,000 against petitioners, to be composed of $25,000 in lost wages, $50,000 in punitive damages, and .....

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Apr 04 1983 (FN)

Metropolitan Edison Co. Vs. Nlrb

Court : US Supreme Court

Decided on : Apr-04-1983

..... f.2d 923, 927 (ca1 1981). the holding in teamsters v. lucas flour co., 369 u. s. 95 (1962), is not to the contrary. there the court found that a contract provision establishing that a dispute shall be settled exclusively and finally by compulsory arbitration makes clear that the union may not strike over such a dispute. see id. at 369 ..... it were "explicitly stated," the court determined that "there is no adequate basis for implying [the] existence [of waiver] without a more compelling expression of it than appears in . . . this contract." 350 u.s. at 350 u. s. 283 . thus, we will not infer from a general contractual provision that the parties intended to waive a statutorily protected right unless the ..... examine first the union s argument. a this court long has recognized that a union may waive a member's statutorily protected rights, including "his right to strike during the contract term, and his right to refuse to cross a lawful picket line." nlrb v. allis-chalmers manufacturing co., 388 u. s. 175 , 388 u. s. 180 (1967) (footnotes omitted). such ..... collective bargaining agreement. unquestionably there is support for the proposition that union officials, as leaders of the rank and file, have a legal obligation to support the terms of the contract and to set a responsible example for their members. see indiana & michigan electric co. v. nlrb, 599 f.2d at 230-232. and in view of the disruptive effects of .....

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Mar 30 1983 (FN)

Arizona Vs. California

Court : US Supreme Court

Decided on : Mar-30-1983

arizona v. california - 460 u.s. 605 (1983) u.s. supreme court arizona v. california, 460 u.s. 605 (1983) arizona v. california no. 8, orig. argued december 8, 1982 decided march 30, 1983 460 u.s. 605 on exceptions to special master's report and recommended decree and motions to intervene syllabus this extended litigation over rights to the waters of the colorado river began in 1952, when arizona brought an original action in this court against california and several of its public agencies. later, nevada, new mexico, utah, and the united states became parties. following the report of a special master, the major issue in the case -- the apportionment of water among the lower basin states -- was resolved in the court's opinion, 373 u. s. 373 u.s. 546, and 1964 decree, 376 u. s. 376 u.s. 340. a supplemental decree identifying present perfected rights was entered in 1979. 439 u. s. 439 u.s. 419. pursuant to the court's initial opinion and decree, the united states acquired water rights for the reservations of five indian tribes that are dependent upon the river for their water. the proper standard for measuring the water rights intended for the reservations was held to be "practicably irrigable acreage," and the special master's calculation of the amount of such acreage was approved. the united states, and the tribes which ask to intervene in the action, now seek to have those water rights increased to account for (1) "omitted lands" -- irrigable lands within recognized .....

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Mar 22 1983 (FN)

Falls City Indus., Inc. Vs. Vanco Beverage, Inc.

Court : US Supreme Court

Decided on : Mar-22-1983

falls city indus., inc. v. vanco beverage, inc. - 460 u.s. 428 (1983) u.s. supreme court falls city indus., inc. v. vanco beverage, inc., 460 u.s. 428 (1983) falls city industries, inc. v. vanco beverage, inc. no. 81-1271 argued october 13, 1982 decided march 22, 1983 460 u.s. 428 certiorari to the united states court of appeals for the seventh circuit syllabus during a certain period from 1972 through 1978, petitioner sold its beer to respondent, the sole wholesale distributor for petitioner's beer in vanderburgh county, ind., at a higher price than petitioner charged its only wholesale distributor in henderson county, ky., the two counties forming a single metropolitan area across the state line. under indiana law, brewers were required to sell to all indiana wholesalers at a single price, indiana wholesalers were prohibited from selling to out-of-state retailers, and indiana retailers were not permitted to purchase beer from out-of-state wholesalers. respondent filed suit in federal district court, alleging that petitioner's price discrimination violated 2(a) of the clayton act, as amended by the robinson-patman act. after trial, the court held that respondent had established a prima facie case of price discrimination, finding that, although respondent and petitioner's kentucky wholesaler did not sell to the same retailers, they competed for sale of petitioner's beer to consumers of beer from retailers in the market area; that petitioner's pricing policy resulted in lower .....

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Mar 07 1983 (FN)

Block Vs. Neal

Court : US Supreme Court

Decided on : Mar-07-1983

..... of a drainage ditch); and barron v. united states, 473 f.supp. 1077 (haw.1979) (failure to require a subcontractor to comply with a contract's safety requirements). [ footnote 3 ] the court of appeals found that respondent stated a claim against the united states under the common law good samaritan doctrine ..... material and labor, 1804.4(d)(7)(iv), and to determine that work was performed in compliance with all the terms and conditions of the contract before making final payment. 1804.4(d)(7)(vii). finally, he assisted the borrower with respect to claims arising under the builder's warranty. 1804 ..... all plans and specifications, 1804.4(a), and was required to give prior approval of any changes in the plans, 1804.4(d), or in the contract. 1804.4(d)(8). he was responsible for making periodic and final inspections. 1804.4(d)(6)(i)( j ). see also 1803.2, 1803. ..... agreements between respondent and fmha. the court concluded that regulations requiring fmha officials to ensure that the builder adhere to the terms of its construction contract were intended solely to protect the government's security interest, and were not intended to make fmha warrant the quality of construction for the ..... the farmers home administration (fmha) under the housing act of 1949 for the construction of a prefabricated house. she then contracted with a builder to construct the house. the contract required the work to conform to plans approved by fmha and granted fmha the right to inspect and test all materials .....

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Mar 07 1983 (FN)

Hillsboro Nat'l Bank Vs. Commissioner

Court : US Supreme Court

Decided on : Mar-07-1983

..... income from a corporation to a shareholder can be particularly attractive: it eliminates one level of taxation. responding to that incentive, corporations have attempted to distribute to shareholders fully performed contracts or accounts receivable, and then to invoke 336 to avoid taxation on the income. in spite of the language of nonrecognition, the courts have applied the assignment-of-income doctrine ..... ignore the annual accounting system. the fear is unfounded. in sanford & brooks, a taxpayer who had incurred a net loss on a long-term contract managed to recoup the loss in a lawsuit in a later year. the earlier net losses on the contract contributed to net losses for the business in most of the tax years during the performance of the ..... contract. the court rejected the taxpayer's contention that it should be able to exclude the award on the theory that the award offset the earlier .....

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Mar 07 1983 (FN)

Briscoe Vs. Lahue

Court : US Supreme Court

Decided on : Mar-07-1983

briscoe v. lahue - 460 u.s. 325 (1983) u.s. supreme court briscoe v. lahue, 460 u.s. 325 (1983) briscoe v. lahue no. 81-1404 argued november 9, 1982 decided march 7, 1983 460 u.s. 325 certiorari to the united states court of appeals for the seventh circuit syllabus held: title 42 u.s.c. 1983 (1976 ed., supp. v) does not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant's criminal trial. pp. 460 u. s. 329 -346. (a) the common law provided absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process. section 1983 does not authorize a damages claim against private witnesses. similarly, judges, pierson v. ray, 386 u. s. 547 , and prosecutors, imbler v. pachtman, 424 u. s. 409 , may not be held liable for damages under 1983 for the performance of their respective duties in judicial proceedings. when a police officer appears as a witness, he may reasonably be viewed as acting like any witness sworn to tell the truth, in which event he can make a strong claim to witness immunity. alternatively, he may be regarded as an official performing a critical role in the judicial process, in which event he may seek the benefit afforded to other governmental participants in the same proceeding. nothing in 1983's language suggests that a police officer witness belongs in a narrow, special category lacking protection .....

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Mar 02 1983 (FN)

Eeoc Vs. Wyoming

Court : US Supreme Court

Decided on : Mar-02-1983

eeoc v. wyoming - 460 u.s. 226 (1983) u.s. supreme court eeoc v. wyoming, 460 u.s. 226 (1983) equal employment opportunity commission v. wyoming no. 81-554 argued october 5, 1982 decided march 2, 1983 460 u.s. 226 appeal from the united states district court for the district of wyoming syllabus the age discrimination in employment act of 1967 makes it unlawful for an employer to discriminate against any employee or potential employee between the ages of 40 and 70 on the basis of age, except "where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. or where the differentiation is based on reasonable factors other than age." in 1974, the definition of "employer" under 11(b) of the act was extended to include state and local governments. after a supervisor for the wyoming game and fish department was involuntarily retired at age 55 pursuant to a wyoming statute, he filed a complaint with the equal employment opportunity commission, alleging violation of the act. the commission ultimately filed suit in federal district court against appellees, the state and various state officials, seeking relief on behalf of the supervisor and others similarly situated. the district court dismissed the suit, holding that, insofar as the act regulated wyoming's employment relationship with its game wardens and other law enforcement officials, it violated the doctrine of tenth amendment immunity articulated in national league of .....

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Feb 28 1983 (FN)

White Vs. Mass. Council of Constr. Employers

Court : US Supreme Court

Decided on : Feb-28-1983

..... refuse to hire nonresidents competing with citizens for jobs. this anticompetitive and suspect goal will be present whenever a unit of state or local government requires recipients of public contracts or government subsidies to deal only with that government's constituents. congress, in 8(e) of the national labor relations act, has expressly prohibited labor organizations from ..... (decided under the privileges and immunities clause). such restrictions are not immune from attack under the commerce clause solely because the city has imposed them as conditions to its contracts with private employers. in reeve, the court, i thought, carefully explored reasons the policy there at issue might not have been entitled to the market participant exemption, notwithstanding ..... has not attempted merely to choose the "parties with whom [it] will deal." [ footnote 2/2 ] instead, it has imposed as a condition of obtaining a public construction contract the requirement that private firms hire only boston residents for 50% of specified jobs. [ footnote 2/3 ] thus, the order directly restricts the ability of private employers to hire ..... 7 ] justice blackmun's opinion dissenting in part, post, p. 460 u. s. 215 , argues that the mayor's order goes beyond market participation because it regulates employment contracts between public contractors and their employees. we agree with justice blackmun that there are some limits on a state or local government's ability to impose restrictions that reach beyond .....

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