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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2004 Page 5 of about 53 results (0.059 seconds)

Mar 30 2004 (FN)

United States Vs. Flores-montano

Court : US Supreme Court

Decided on : Mar-30-2004

..... station. at the secondary station, a second customs inspector inspected the gas tank by tapping it, and noted that the tank sounded solid. subsequently, the inspector requested a mechanic under contract with customs to come to the border station to remove the tank. within 20 to 30 minutes, the mechanic arrived. he raised the car on a hydraulic lift, loosened the .....

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Mar 24 2004 (FN)

Nixon Vs. Missouri Municipal League

Court : US Supreme Court

Decided on : Mar-24-2004

nixon v. missouri municipal league - 02-1238 (2004) syllabus october term, 2003 nixon v. missouri municipal league supreme court of the united states nixon, attorney general of missouri v. missouri municipal league et al. certiorari to the united states court of appeals for the eighth circuit no. 02 1238. argued january 12, 2004 decided march 24, 2004 after missouri enacted a statute forbidding its political subdivision[s to] provide or offer for sale a telecommunications service or facility, the municipal respondents, including municipally owned utilities, petitioned the federal communications commission (fcc) for an order declaring the statute unlawful under 47 u. s. c. 253, which authorizes preemption of state and local laws and regulations that prohibit or have the effect of prohibiting the ability of any entity to provide telecommunications services. relying on its earlier order resolving a challenge to a comparable texas law and the affirming opinion of the district of columbia circuit, the fcc refused to declare the missouri statute preempted, concluding that any entity in 253(a) does not include state political subdivisions, but applies only to independent entities subject to state regulation. the fcc also adverted to the principle of gregory v . ashcroft , 501 u. s. 452 , that congress needs to be clear before it constrains traditional state authority to order its government. the eighth circuit panel unanimously reversed, explaining that 253(a) s word entity, .....

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Mar 08 2004 (FN)

Crawford Vs. Washington

Court : US Supreme Court

Decided on : Mar-08-2004

crawford v. washington - 02-9410 (2004) syllabus october term, 2003 crawford v. washington supreme court of the united states crawford v. washington certiorari to the supreme court of washington no. 02 9410. argued november 10, 2003 decided march 8, 2004 petitioner was tried for assault and attempted murder. the state sought to introduce a recorded statement that petitioner s wife sylvia had made during police interrogation, as evidence that the stabbing was not in self-defense. sylvia did not testify at trial because of washington s marital privilege. petitioner argued that admitting the evidence would violate his sixth amendment right to be confronted with the witnesses against him. under ohio v. roberts, 448 u. s. 56 , that right does not bar admission of an unavailable witness s statement against a criminal defendant if the statement bears adequate indicia of reliability, a test met when the evidence either falls within a firmly rooted hearsay exception or bears particularized guarantees of trustworthiness. id. , at 66. the trial court admitted the statement on the latter ground. the state supreme court upheld the conviction, deeming the statement reliable because it was nearly identical to, i.e., interlocked with, petitioner s own statement to the police, in that both were ambiguous as to whether the victim had drawn a weapon before petitioner assaulted him. held: the state s use of sylvia s statement violated the confrontation clause because, where testimonial .....

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Feb 25 2004 (FN)

Postal Service Vs. Flamingo Industries (Usa) Ltd.

Court : US Supreme Court

Decided on : Feb-25-2004

..... power to make postal regulations, and the power to enter international postal agreements subject to the supervision of the secretary of state. 401, 407. it has, in addition, powers to contract, to acquire property, and to settle claims. 401. as this brief summary indicates, the postal service has significant governmental powers, consistent with its status as an independent establishment of the ..... . flamingo industries (usa) ltd., a private corporation, and its owner and principal officer are the respondents here. flamingo had been making mail sacks for the postal service, but then its contract was terminated. the respondents sued in united states district court alleging that the postal service had sought to suppress competition and create a monopoly in mail sack production. (they also ..... industries (usa) ltd. et al. certiorari to the united states court of appeals for the ninth circuit no. 02 1290. argued december 1, 2003 decided february 25, 2004 after their contract to make mail sacks for the united states postal service was terminated, respondents brought this suit alleging, inter alia , that the postal service had sought to suppress competition and create .....

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Feb 24 2004 (FN)

General Dynamics Land Systems, Inc. Vs. Cline

Court : US Supreme Court

Decided on : Feb-24-2004

..... the new terms, although some had retired before the change in order to get the prior advantage, some retired afterwards with no benefit, and some worked on, knowing the new contract would give them no health coverage when they were through. before the equal employment opportunity commission (eeoc or commission) they claimed that the agreement violated the adea, because it discriminate ..... .g., house hearings 151 (statement of rep. joshua eilberg) ( at age 40, a worker may find that age restrictions become common . by age 45, his employment opportunities are likely to contract sharply; they shrink more severely at age 55 and virtually vanish by age 65 ); id. , at 422 (statement of rep. claude pepper) ( we must provide meaningful opportunities for employment to .....

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Feb 24 2004 (FN)

Banks Vs. Dretke

Court : US Supreme Court

Decided on : Feb-24-2004

banks v. dretke - 02-8286 (2004) syllabus october term, 2003 banks v. dretke supreme court of the united states banks v. dretke, director, texas department of criminal justice, correctional institutions division certiorari to the united states court of appeals for the fifth circuit no. 02 8286. argued december 8, 2003 decided february 24, 2004 after police found a gun-shot corpse near texarkana, texas, deputy sheriff willie huff learned that the decedent had been seen with petitioner banks three days earlier. when a paid informant told deputy huff that banks was driving to dallas to fetch a weapon, deputy huff followed banks to a residence there. on the return trip, police stopped banks s vehicle, found a handgun, and arrested the car s occupants. returning to the dallas residence, deputy huff encountered charles cook and recovered a second gun, which cook said banks had left at the residence several days earlier. on testing, the second gun proved to be the murder weapon. prior to banks s trial, the state advised defense counsel that, without necessity of motions, the state would provide banks with all discovery to which he was entitled. nevertheless, the state withheld evidence that would have allowed banks to discredit two essential prosecution witnesses. at the trial s guilt phase, cook testified, inter alia , that banks admitted kill[ing a] white boy. on cross-examination, cook thrice denied talking to anyone about his testimony. in fact, deputy huff and prosecutors .....

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Feb 24 2004 (FN)

Groh Vs. Ramirez

Court : US Supreme Court

Decided on : Feb-24-2004

groh v. ramirez - 02-811 (2004) syllabus october term, 2003 font scaps="1">groh v. ramirez supreme court of the united states groh v. ramirez et al. certiorari to the united states court of appeals for the ninth circuit no. 02 811. argued november 4, 2003 decided february 24, 2004 petitioner, a bureau of alcohol, tobacco and firearms agent, prepared and signed an application for a warrant to search respondents montana ranch, which stated that the search was for specified weapons, explosives, and records. the application was supported by petitioner s detailed affidavit setting forth his basis for believing that such items were on the ranch and was accompanied by a warrant form that he completed. the magistrate judge (magistrate) signed the warrant form even though it did not identify any of the items that petitioner intended to seize. the portion calling for a description of the person or property described respondents house, not the alleged weapons; the warrant did not incorporate by reference the application s itemized list. petitioner led federal and local law enforcement officers to the ranch the next day but found no illegal weapons or explosives. petitioner left a copy of the warrant, but not the application, with respondents. respondents sued petitioner and others under bivens v. six unknown fed. narcotics agents, 403 u. s. 388 , and 42 u. s. c. 1983, claiming, inter alia, a fourth amendment violation. the district court granted the defendants summary judgment, finding .....

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Feb 24 2004 (FN)

Doe Vs. Chao

Court : US Supreme Court

Decided on : Feb-24-2004

doe v. chao - 02-1377 (2004) syllabus october term, 2003 doe v. chao supreme court of the united states doe v. chao, secretary of labor certiorari to the united states court of appeals for the fourth circuit no. 02 1377. argued december 3, 2003 decided february 24, 2004 after petitioner doe filed a black lung benefits claim with the department of labor, the agency used his social security number to identify his claim on official agency documents, including a multicaptioned hearing notice that was sent to a group of claimants, their employers, and lawyers. doe and other black lung claimants sued the department, claiming that such disclosures violated the privacy act of 1974. the government stipulated to an order prohibiting future publication of social security numbers on multicaptioned hearing notices, and the parties moved for summary judgment. the district court entered judgment against all plaintiffs but doe, finding that they had raised no issues of cognizable harm. however, the court accepted doe s uncontroverted testimony about his distress on learning of the improper disclosure, granted him summary judgment, and awarded him $1,000, the minimum statutory damages award under 5 u. s. c. 552a(g)(4). the fourth circuit reversed on doe s claim, holding that the $1,000 minimum is available only to plaintiffs who suffer actual damages, and that doe had not raised a triable issue of fact about such damages, having submitted no corroboration for his emotional distress claim. .....

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Feb 23 2004 (FN)

illinois Vs. Fisher

Court : US Supreme Court

Decided on : Feb-23-2004

illinois v. fisher - 03-374 (2004) illinois v. fisher - 03-374 (2004) per curiam illinois v. fisher 540 u. s. ____ (2004) supreme court of the united states illinois v. gregory fisher on petition for writ of certiorari to the appellate court of illinois, first district no. 03 374. decided february 23, 2004 per curiam. the appellate court of illinois held here that the fourteenth amendment s due process clause required the dismissal of criminal charges because the police, acting in good faith and according to normal police procedures, destroyed evidence that respondent had requested more than 10 years earlier in a discovery motion. petitioner, the state of illinois, contends that such a result is foreclosed by our decision in arizona v. youngblood, 488 u. s. 51 (1988). there we held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. id., at 58. we agree with petitioner, grant the petition for certiorari, and reverse the judgment of the appellate court. in september 1988, chicago police arrested respondent in the course of a traffic stop during which police observed him furtively attempting to conceal a plastic bag containing a white powdery substance. four tests conducted by the chicago police crime lab and the illinois state police crime lab confirmed that the bag seized from respondent contained cocaine. respondent was charged with possession of .....

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Jan 26 2004 (FN)

Lamie Vs. United States Trustee

Court : US Supreme Court

Decided on : Jan-26-2004

lamie v. united states trustee - 02-693 (2004) syllabus october term, 2003 lamie v. united states trustee supreme court of the united states lamie v. united states trustee certiorari to the united states court of appeals for the fourth circuit no. 02 693. argued november 10, 2003 decided january 26, 2004 before 1994, 330(a) of the bankruptcy code authorized a court to award to a trustee, to an examiner, to a professional person employed under section 327 , or to the debtor s attorney (1) reasonable compensation for services rendered by such trustee, examiner, professional person, or attorney . (emphasis added to highlight text later deleted.) in 1994 congress amended the code with a reform act. the act altered 330(a) by deleting or to the debtor s attorney from what was 330(a) and is now 330(a)(1). this change created apparent legislative drafting error in the current section. the section is left with a missing or that infects its grammar. and its inclusion of attorney in what was 330(a)(1) and is now 330(a)(1)(a) defeats the neat parallelism that otherwise marks the relationship between current 330(a)(1) ( trustee, examiner, [or] professional person ) and 330(a)(1)(a) ( trustee, examiner, professional person, or attorney ). in this case, petitioner filed an application with the bankruptcy court seeking attorney s fees under 330(a)(1) for the time he spent working on a behalf of a debtor in a chapter 7 proceeding. the government objected to the application. it argued that .....

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