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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 1953 Page 2 of about 53 results (0.202 seconds)

Nov 16 1953 (FN)

Arkansas Vs. Texas

Court : US Supreme Court

Decided on : Nov-16-1953

arkansas v. texas - 346 u.s. 368 (1953) u.s. supreme court arkansas v. texas, 346 u.s. 368 (1953) arkansas v. texas no. ___, original argued october 21, 1953 decided november 16, 1953 346 u.s. 368 on motion for leave to file a complaint syllabus invoking the original jurisdiction of this court under art. iii, 2, of the constitution, arkansas filed a motion for leave to file a complaint against texas. the complaint alleged that the university of arkansas entered into a contract with a texas charitable corporation whereby the corporation agreed to contribute money to the construction of a floor in a new hospital in the arkansas state medical center; that, though the corporation is willing to perform, texas has filed suit in the texas courts to enjoin it on the ground that, under texas law, its funds must be expended for the benefit of residents of texas, and that the university has let contracts for the construction of the hospital, now partially completed, but is without funds to proceed further unless texas is enjoined from interfering. held: 1. the corporation is not an indispensable party to the suit. pp. 346 u. s. 369 -370. 2. the controversy is between two states, since the arkansas is the real party in interest in the contract with the texas corporation and the complaint alleges that texas is unlawfully interfering with its performance. pp. 346 u. s. 370 -371. page 346 u. s. 369 mr. justice douglas delivered the opinion of the court. this is a motion by arkansas to file .....

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Jun 15 1953 (FN)

SteIn Vs. New York

Court : US Supreme Court

Decided on : Jun-15-1953

stein v. new york - 346 u.s. 156 (1953) u.s. supreme court stein v. new york, 346 u.s. 156 (1953) stein v. new york no. 391 argued december 18, 1952 decided june 15, 1953 * 346 u.s. 156 certiorari to the court of appeals of new york syllabus in a new york state court, a jury found the three petitioners guilty of murder, and they were sentenced to death. the murder allegedly was committed while petitioners, and an accomplice who turned state's evidence, were engaged in an armed holdup. the evidence at the trial included separate written confessions by two of the petitioners. each written confession implicated all three petitioners, and all objected to introduction of each confession on the ground that it was coerced. the trial court denied a motion by the third petitioner that, if the confessions were admitted, all reference to him be stricken from them. the court heard evidence in the presence of the jury as to the issue of coercion, and left determination of that issue to the jury, which rendered a general verdict of guilty. the new york court of appeals affirmed without opinion. held: there was no violation of the fourteenth amendment in the proceedings, and the judgments are affirmed. pp. 346 u. s. 159 -197. 1. petitioners were not denied a fair hearing on the coercion issue. pp. 346 u. s. 170 -179. (a) the fourteenth amendment cannot be construed as allowing petitioners to testify to their coercion by the police without becoming subject to any cross-examination. pp. 346 .....

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Jun 01 1953 (FN)

Polizzi Vs. Cowles Magazines, Inc.

Court : US Supreme Court

Decided on : Jun-01-1953

polizzi v. cowles magazines, inc. - 345 u.s. 663 (1953) u.s. supreme court polizzi v. cowles magazines, inc., 345 u.s. 663 (1953) polizzi v. cowles magazines, inc. no. 287 argued march 10, 1953 decided june 1, 1953 345 u.s. 663 certiorari to the united states court of appeals for the fifth circuit syllabus respondent, an iowa corporation which publishes a national magazine, maintains no offices in florida, but sells the magazine to two independent wholesale companies which distribute it to retailers in florida. petitioner, a resident of florida, sued respondent in a florida state court for allegedly libelous matter published in the magazine. respondent removed the action to the federal district court for the district in which the state court was located. the district court dismissed the action for want of jurisdiction under 28 u.s.c. 1391(c). held: the district court improperly dismissed the action for want of jurisdiction. the cause is remanded to that court to take jurisdiction of the action and determine whether it acquired jurisdiction of respondent by proper service. pp. 345 u. s. 664 -667. (a) 28 u.s.c. 1391(c) is inapplicable to an action which has been removed from a state court to a federal district court, and the question whether respondent was "doing business" in florida, within the meaning of that section, is irrelevant. pp. 345 u. s. 665 -666. (b) the venue of removed actions is governed by 28 u.s.c. 1441(a). under that section, venue in this case was properly .....

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Apr 27 1953 (FN)

Poulos Vs. New Hampshire

Court : US Supreme Court

Decided on : Apr-27-1953

poulos v. new hampshire - 345 u.s. 395 (1953) u.s. supreme court poulos v. new hampshire, 345 u.s. 395 (1953) poulos v. new hampshire no. 341 argued february 3, 1953 decided april 27, 1953 345 u.s. 395 appeal from the supreme court of new hampshire syllabus 1. a city ordinance forbade the holding of a religious meeting in a public park without a license. the state supreme court construed it as leaving to the licensing officials no discretion as to the granting of licenses, no power to discriminate, and no control over speech, and as calling merely for the adjustment of the unrestrained exercise of religions with the reasonable comfort and convenience of the whole city. held: as thus construed, the ordinance does not violate the principles of the first amendment, made applicable to the states by the fourteenth amendment. pp. 345 u. s. 402 -408. (a) appellant's attack on the ordinance as applied to him, on the ground that it was repugnant to the principles of the first amendment, and a determination of its validity by the state supreme court, required this court to take jurisdiction on appeal under 28 u.s.c. 1257(2). p. 345 u. s. 402 . (b) the principles of the first amendment are not to be treated as a promise that everyone with opinions or beliefs to express may gather around him at any public place and at any time a group for discussion or instruction. p. 345 u. s. 405 . (c) kunz v. new york, 340 u. s. 290 , and saia v. new york, 334 u. s. 558 , distinguished. pp. 345 u. s. .....

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Nov 30 1953 (FN)

Bankers Life and Cas. Co. Vs. Holland

Court : US Supreme Court

Decided on : Nov-30-1953

bankers life & cas. co. v. holland - 346 u.s. 379 (1953) u.s. supreme court bankers life & cas. co. v. holland, 346 u.s. 379 (1953) bankers life & cas. co. v. holland no. 16 argued october 12-13, 1953 decided november 30, 1953 346 u.s. 379 certiorari to the united states court of appeals for the fifth circuit syllabus in the circumstances of this case, mandamus against a federal district judge was not an appropriate remedy to vacate a severance and transfer order entered by him under 28 u.s.c. 1406(a) on the ground of improper venue. pp. 346 u. s. 379 -385. (a) the supplementary review power conferred on federal courts by the all writs act is meant to be used only in exceptional cases where there is a clear abuse of discretion or usurpation of judicial power, and this is not such a case. pp. 346 u. s. 382 -383. (b) use of the writ of mandamus was not appropriate in this case to prevent alleged inconvenience and hardship occasioned by an appeal's being delayed until after final judgment. pp. 346 u. s. 383 -384. (c) petitioner has not met the burden of showing that its right to issuance of the writ is "clear and indisputable." p. 346 u. s. 384 . 199 f.2d 593 affirmed. mr. justice clark delivered the opinion of the court. the question here is whether mandamus is an appropriate remedy to vacate a severance and transfer order entered by a district judge, on the ground of improper venue, under 28 u.s.c. 1406(a). [ footnote 1 ] page 346 u. s. 380 this case arises out of a treble .....

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Jun 15 1953 (FN)

Rosenberg Vs. Denno

Court : US Supreme Court

Decided on : Jun-15-1953

rosenberg v. denno - 346 u.s. 271 (1953) u.s. supreme court rosenberg v. denno, 346 u.s. 271 (1953) rosenberg v. denno no. 1, misc. june 15 special term, 1953 decided june 15, 1953 346 u.s. 271 on motion for leave to file petition for original writ of habeas corpus and stay of execution syllabus the rosenbergs had been sentenced to death for conspiracy to violate the espionage act of 1917, and the time of execution had been fixed for the week of june 15, 1953. as the court was about to adjourn the october term, 1952, on june 15, 1953, their counsel submitted a motion for leave to file a petition for an original writ of habeas corpus and stay of execution. later that afternoon, the court met in special term pursuant to a call by the chief justice having the approval of all the associate justices. all members of the court were present. held: leave to file petition for an original writ of habeas corpus denied. per curiam. the motion for leave to file petition for an original writ of habeas corpus is denied. mr. justice black dissents. mr. justice frankfurter: the disposition of an application to this court for habeas corpus is so rarely to be made by this court page 346 u. s. 272 directly that congress has given the court authority to transfer such an application to an appropriate district court. 28 u.s.c., 2241. i do not favor such a disposition of this application, because the substance of the allegations now made has already been considered by the district court for the .....

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Jun 08 1953 (FN)

Dalehite Vs. United States

Court : US Supreme Court

Decided on : Jun-08-1953

dalehite v. united states - 346 u.s. 15 (1953) u.s. supreme court dalehite v. united states, 346 u.s. 15 (1953) dalehite v. united states no. 308 argued april 6-8, 1953 decided june 8, 1953 346 u.s. 15 certiorari to the united states court of appeals for the fifth circuit syllabus in this action against the united states under the tort claims act to recover damages for a death resulting from the disastrous explosion at texas city, tex., of ammonium nitrate fertilizer produced at the instance, according to the specifications, and under the control of the united states, for export to increase the food supply in areas under military occupation following world war ii, the district court found that the explosion resulted from negligence on the part of the government in adopting the fertilizer export program as a whole, in its control of various phases of manufacturing, packaging, labeling and shipping the product, in failing to give notice of its dangerous nature to persons handling it, and in failing to police its loading on shipboard. held: as a matter of law, the facts found by the district court cannot give it jurisdiction of the cause under the act, because the claim is "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the government" within the meaning of 28 u.s.c. 2680(a), which makes the act inapplicable to such claims. pp. 346 u. s. 17 -45. (a) the legislative .....

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May 25 1953 (FN)

Tinder Vs. United States

Court : US Supreme Court

Decided on : May-25-1953

tinder v. united states - 345 u.s. 565 (1953) u.s. supreme court tinder v. united states, 345 u.s. 565 (1953) tinder v. united states no. 113 argued april 9-10, 1953 decided may 25, 1953 345 u.s. 565 certiorari to the united states court of appeals for the fourth circuit syllabus as it existed in 1950, 18 u.s.c. 1708 made it an offense to steal from a mailbox any mail, letter, or "any article or thing contained therein." it provided that an offender shall be fined not more than $2,000 or imprisoned not more than five years, or both, and provided further that, if the value of "any such article or thing" does not exceed $100, the offender shall be fined not more than $1,000 or imprisoned not more than one year, or both. held: a defendant convicted in 1950 of theft from a mailbox of a letter not shown to have had a value of more than $100 was improperly sentenced to imprisonment for more than one year. pp. 345 u. s. 566 -570. (a) the words "article or thing" in the concluding proviso included letters; the section does not distinguish between theft of mail and theft of an article or thing contained in a piece of mail. pp. 345 u. s. 567 -569. (b) the elimination of the concluding provision of 1708 by the act of july 1, 1952, 66 stat. 314, is inapplicable to a prior conviction under that section. p. 345 u. s. 569 . 193 f.2d 720, reversed. petitioner was convicted of mail theft in violation of 18 u.s.c. 1708, and subsequently moved to vacate or correct the sentence. the district .....

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Mar 16 1953 (FN)

United States Vs. Chapman

Court : US Supreme Court

Decided on : Mar-16-1953

united states v. chapman - 345 u.s. 153 (1953) u.s. supreme court united states v. chapman, 345 u.s. 153 (1953) united states v. chapman no. 28 argued october 22, 1952 decided march 16, 1953 * 345 u.s. 153 certiorari to the united states court of appeals for the fourth circuit syllabus the corps of engineers recommended to congress a comprehensive plan for the development of the roanoke river basin for flood control, power, and other purposes, but it did not clearly recommend that all projects be constructed by the united states. the federal power commission concurred in this recommendation. in the flood control act of 1944, congress approved the plan and specifically authorized two projects not at roanoke rapids. subsequently, the commission ordered issuance of a license to a private power company to construct a hydroelectric generating plant at roanoke rapids, n.c. held: 1. petitioners, the secretary of the interior and an association of nonprofit rural electric cooperatives, had standing to institute this proceeding under 313(b) of the federal power act to set aside the commission's order. pp. 345 u. s. 154 -156. 2. congress has not withdrawn, as to the roanoke rapids site, the jurisdiction of the federal power commission to issue such a license. pp. 345 u. s. 156 -172. 3. under 7(b) of the federal power act, the commission's concurrence in the recommendation of the corps of engineers did not preclude the commission from issuing such a license. pp. 345 u. s. 172 -174. 191 .....

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Mar 09 1953 (FN)

United States Vs. Reynolds

Court : US Supreme Court

Decided on : Mar-09-1953

united states v. reynolds - 345 u.s. 1 (1953) u.s. supreme court united states v. reynolds, 345 u.s. 1 (1953) united states v. reynolds no. 21. argued october 21, 1952 decided march 9, 1953 345 u.s. 1 certiorari to the united states court of appeals for the third circuit syllabus a military aircraft on a flight to test secret electronic equipment crashed, and certain civilian observers aboard were killed. their widows sued the united states under the tort claims act and moved under rule 34 of the federal rules of civil procedure for production of the air force's accident investigation report and statements made by surviving crew members during the investigation. the secretary of the air force filed a formal claim of privilege, stating that the matters were privileged against disclosure under air force regulations issued under r.s. 161, and that the aircraft and its personnel were "engaged in a highly secret mission." the judge advocate general filed an affidavit stating that the material could not be furnished "without seriously hampering national security," but he offered to produce the surviving crew members for examination by plaintiffs and to permit them to testify as to all matters except those of a "classified nature." held: in this case, there was a valid claim of privilege under rule 34; and a judgment based under rule 37 on refusal to produce the documents subjected the united states to liability to which congress did not consent by the tort claims act. pp. 345 u. s .....

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