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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 1953 Page 3 of about 53 results (0.067 seconds)

1953

Gartner, Vs. Overholser

Court : US Supreme Court

Decided on : Jan-01-1953

gartner, v. overholser - 345 u.s. 973 (1953) u.s. supreme court gartner, v. overholser , 345 u.s. 973 (1953) 345 u.s. 973 henry gartner, petitioner, v. dr. winfred overholser, superintendent. no. 523, misc. supreme court of the united states june 8, 1953 motion for leave to file petition for writ of habeas corpus denied.[ gartner, v. overholser 345 u.s. 973 (1953) ]

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Dec 14 1953 (FN)

Garner Vs. Teamsters Union

Court : US Supreme Court

Decided on : Dec-14-1953

garner v. teamsters union - 346 u.s. 485 (1953) u.s. supreme court garner v. teamsters union, 346 u.s. 485 (1953) garner v. teamsters union no. 56 argued october 20-21, 1953 decided december 14, 1953 346 u.s. 485 certiorari to the supreme court of pennsylvania, middle district syllabus petitioners were engaged in pennsylvania in an interstate trucking business. only a small minority of its employees were members of respondent union. no labor dispute or strike was in progress, and petitioners had not objected to their employees joining the union. respondents kept two pickets at petitioners' loading platform, to coerce petitioners into compelling or influencing their employees to join the union. the picketing was peaceful, but petitioners' business fell off 95% because employees of other carriers refused to cross the picket line. held: petitioners' grievance was within the jurisdiction of the national labor relations board to prevent unfair labor practices under the labor management relations act, and was not subject to relief by injunction in the state courts. pp. 346 u. s. 486 -491. (a) the national labor relations board was vested with power to entertain petitioners' grievance, to issue its own complaint against respondents, and, pending final hearing, to seek from a federal district court an injunction to prevent irreparable injury to petitioners. pp. 346 u. s. 488 -491. (b) the same considerations which prohibit federal courts from intervening in such cases, except by way .....

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Dec 07 1953 (FN)

Wilko Vs. Swan

Court : US Supreme Court

Decided on : Dec-07-1953

wilko v. swan - 346 u.s. 427 (1953) u.s. supreme court wilko v. swan, 346 u.s. 427 (1953) wilko v. swan no. 39 argued october 21, 1953 decided december 7, 1953 346 u.s. 427 certiorari to the united states court of appeals for the second circuit syllabus in an action brought by a customer against a securities brokerage firm to recover damages, under the civil liabilities provisions of 12(2) of the securities act of 1933, for alleged misrepresentation in the sale of securities, held that an agreement for arbitration of any controversy arising in the future between the parties was void under 14, notwithstanding the provisions of the united states arbitration act. pp. 346 u. s. 428 -438. (a) the agreement to arbitrate future controversies was void under 14 of the securities act as a "stipulation" binding the customer to "waive compliance" with a "provision" of the act. pp. 346 u. s. 432 -435. (b) the right of an aggrieved person under 22(a) to select the judicial forum is a "provision" of the securities act that cannot be waived under 14 thereof. pp. 346 u. s. 434 -438. (c) as the protective provisions of the securities act require the exercise of judicial direction to fairly assure their effectiveness, congress must have intended 14 to apply to waiver of judicial trial and review. p. 346 u. s. 437 . 201 f.2d 439, reversed. petitioner sued respondents to recover damages under the securities act of 1933. respondents' motion to stay the action, pursuant to 3 of the united states .....

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Nov 09 1953 (FN)

Olberding Vs. Illinois Central R. Co., Inc.

Court : US Supreme Court

Decided on : Nov-09-1953

olberding v. illinois central r. co., inc. - 346 u.s. 338 (1953) u.s. supreme court olberding v. illinois central r. co., inc., 346 u.s. 338 (1953) olberding v. illinois central railroad co., inc. no. 27 argued october 15, 1953 decided november 9, 1953 346 u.s. 338 certiorari to the united states court of appeals for the sixth circuit syllabus basing jurisdiction solely on diversity of citizenship, an illinois railroad corporation brought suit in a federal district court in kentucky against an indiana owner of a truck which, while on temporary business in kentucky, collided with an overpass of the railroad, causing a derailment. the defendant was apprised of the action through service of process on the secretary of state of kentucky, in accordance with a kentucky statute. the kentucky statute did not require the designation of an agent for the service of process, and the defendant had made no such designation. held: under 28 u.s.c. 1391(a), the defendant's motion that the case be dismissed on the ground of improper venue should have been granted. pp. 346 u. s. 339 -342. (a) the defendant did not impliedly consent to be sued in a federal court in kentucky simply by driving his motor vehicle on the highways of that state. pp. 346 u. s. 340 -341. (b) the fact that a nonresident motorist who comes into kentucky can, consistent with the due process clause of the fourteenth amendment, be subjected to suit in the appropriate kentucky state court is irrelevant to his rights under 28 .....

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Jun 08 1953 (FN)

Automatic Canteen Co. Vs. Ftc

Court : US Supreme Court

Decided on : Jun-08-1953

automatic canteen co. v. ftc - 346 u.s. 61 (1953) u.s. supreme court automatic canteen co. v. ftc, 346 u.s. 61 (1953) automatic canteen company v. federal trade commissions no. 89 argued december 12, 15, 1952 decided june 8, 1953 346 u.s. 61 certiorari to the united states court of appeals for the seventh circuit syllabus section 2 (f) of the robinson-patman act makes it unlawful for anyone engaged in interstate commerce "knowingly to induce or receive a discrimination in price which is prohibited" by the act, but the act does not prohibit a price differential which makes only due allowance for cost differences. the federal trade commission issued a complaint charging violation of 2(f) by petitioner, a large buyer of candy and confections for resale through automatic vending machines operated in many states. at the hearing, the commission introduced evidence that petitioner received, and in some instances solicited, prices that petitioner knew were as much as 33% lower than the prices to other buyers. petitioner's motion to dismiss the complaint on the ground that the commission had not made a prima facie case was denied, and, on petitioner's failure to introduce evidence, the commission entered a cease and desist order. held: 1. a buyer does not violate 2(f) if the lower prices he induces are either within one of the seller's defenses, such as the cost justification, or not known by him not to be within one of those defenses. pp. 346 u. s. 69 -74. 2. proof that the buyer .....

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May 25 1953 (FN)

Times-picayune Pub. Co. Vs. United States

Court : US Supreme Court

Decided on : May-25-1953

times-picayune pub. co. v. united states - 345 u.s. 594 (1953) u.s. supreme court times-picayune pub. co. v. united states, 345 u.s. 594 (1953) times-picayune publishing co. v. united states no. 374 argued march 11, 1953 decided may 25, 1953 * 345 u.s. 594 appeal from the united states district court for the eastern district of louisiana syllabus a publishing company owns and publishes in new orleans a morning and an evening newspaper. its sole competitor in the daily newspaper field is an independent evening newspaper. classified and general display advertisers in the company's publications may purchase only combined insertions appearing in both its morning and evening papers, not in either separately. the united states brought a civil suit against the company under the sherman act, challenging the use of these "unit" contracts as an unreasonable restraint of trade in violation of 1, and as an attempt to monopolize trade in violation of 2. held: the record in this case does not establish the charged violations of 1 and 2 of the sherman act. pp. 345 u. s. 596 -628. (a) the challenged activities of the company constitute interstate commerce within the meaning of the sherman act. p. 602, n 11. (b) a "tying" arrangement violates 1 of the sherman act when a seller enjoys a monopolistic position in the market for the "tying" product and a substantial volume of commerce in the "tied" product is restrained. international salt co. v. united states, 332 u. s. 392 . pp. 345 u. s. 608 .....

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Mar 09 1953 (FN)

Labor Board Vs. Gamble Enterprises

Court : US Supreme Court

Decided on : Mar-09-1953

labor board v. gamble enterprises - 345 u.s. 117 (1953) u.s. supreme court labor board v. gamble enterprises, 345 u.s. 117 (1953) national labor relations board v. gamble enterprises no. 238 argued november 19, 1952 decided march 9, 1953 345 u.s. 117 certiorari to the united states court of appeals for the sixth circuit syllabus a labor organization does not engage in an unfair labor practice, within the meaning of 8(b)(6) of the national labor relations act, as amended by the labor management relations act, 1947, when it insists that the management of one of an interstate chain of theaters shall employ a local orchestra to play in connection with certain programs, although that management does not need or want to employ that orchestra. american newspaper publisher assn. v. labor board, ante, p. 345 u. s. 100 . pp. 345 u. s. 118 -124. (a) this court in this case accepts the finding of the board, made upon the entire record, that the union was seeking actual employment for its members, and not mere "standby" pay. p. 345 u. s. 123 . (b) payments for "standing-by," or for the substantial equivalent of "standing-by," are not payments for services performed, but when an employer receives a bona fide offer of competent performance of relevant services, it remains for the employer, through free and fair negotiation, to determine whether such offer shall be accepted and what compensation shall be paid for the work done. pp. 345 u. s. 123 -124. 196 f.2d 61 reversed. in an unfair .....

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Feb 09 1953 (FN)

Smith Vs. Baldi

Court : US Supreme Court

Decided on : Feb-09-1953

smith v. baldi - 344 u.s. 561 (1953) u.s. supreme court smith v. baldi, 344 u.s. 561 (1953) united states ex rel. smith v. baldi no. 31 argued april 29-30, 1952 reargued october 13-14, 1952 decided february 9, 1953 344 u.s. 561 certiorari to the united states court of appeals for the third circuit syllabus 1. a denial of certiorari by this court (with no statement of reasons therefor) to review a decision of a state supreme court affirming a conviction in a criminal prosecution should be given no weight in subsequent habeas corpus proceedings in a federal court. brown v. allen, ante, p. 344 u. s. 443 . p. 344 u. s. 565 . 2. petitioner, sentenced to death by a state court for murder, was not denied due process in violation of the fourteenth amendment by virtue of his having been allowed to plead guilty without there first having been a formal adjudication of his sanity, in view of the procedure available for subsequently withdrawing the plea of guilty and entering a plea of "not guilty because of insanity." pp. 344 u. s. 565 -567. 3. petitioner was not denied due process by reason of his having been summarily advised by court-designated counsel at his arraignment to plead "not guilty," since there was ample opportunity later to rectify the error, if there was error, by a hearing on insanity. pp. 344 u. s. 567 -568. 4. it was not the constitutional duty of the state, even upon request, to appoint a psychiatrist to make a pretrial examination into petitioner's sanity. p. 344 u. .....

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1953

Rosenberg Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1953

rosenberg v. united states - 345 u.s. 989 (1953) u.s. supreme court rosenberg v. united states , 345 u.s. 989 (1953) 345 u.s. 989 jullus rosenberg and ethel rosenberg, petitioners, v. united states. supreme court of the united states june 15, 1953 messrs. emanuel h. bloch and john f. finerty, for petitioners. acting solicitor general stern, for the united states. an application for stay of execution was filed herein on june 12, 1953. it was referred to mr. justice jackson, the appropriate circuit justice. mr. justice jackson referred it to the court for consideration and action, with the recommendation 'that it be set for oral hearing on monday, june 15, 1953, at which time the parties have agreed to be ready for argument.' upon consideration of the recommendation, the court declined to hear oral argument on the application. mr. justice frankfurter and mr. justice burton, agreeing with mr. justice jackson's recommendation, believe that the application should be set for hearing on monday, june 15, 1953. thereupon, the court gave consideration to the application for the stay, and denies it, mr. justice burton joining in such denial. mr. justice frankfurter and mr. justice jackson, believing that the application for a stay should not be acted upon without a hearing before the full court, do not agree that the stay should be denied. mr. justice black is of the opinion that the court should grant a rehearing and a stay pending final disposition of the case. but since a sufficient .....

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Jun 15 1953 (FN)

United States Vs. Grainger

Court : US Supreme Court

Decided on : Jun-15-1953

united states v. grainger - 346 u.s. 235 (1953) u.s. supreme court united states v. grainger, 346 u.s. 235 (1953) united states v. grainger no. 34 argued may 4-5, 1953 decided june 15, 1953 * 346 u.s. 235 appeal from the united states district court for the northern district of california syllabus 1. the running of the general three-year statute of limitations on federal prosecutions for crimes, now 18 u.s.c. (supp. v) 3282, was suspended by the wartime suspension of limitations act, 18 u.s.c. (supp. v) 3287, as to violations, in 1945 and 1946, of the false claims clause of the false claims act, now 18 u.s.c. (supp. v) 287. pp. 346 u. s. 240 -244. (a) the offenses charged here of attempting to obtain payments from the commodity credit corporation in amounts based upon knowingly false certifications to that corporation by the accused that certain purchases of wool had been made by him when he knew that no such purchases had been made by him or at least, that no such purchases had been made by him at prices as high as those he certified that he paid, are offenses of a pecuniary nature. pp. 346 u. s. 240 -241. (b) offenses which occurred in 1945 or 1946, preceding the president's proclamation of december 31, 1946, declaring that the hostilities of world war ii terminated on that day, come within the period to which the suspension act applies. p. 346 u. s. 241 . (c) fraud upon the united states is an essential ingredient of violations of the false claims clause of the false .....

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