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All Reporters → l-ed-2d → Volume 95

Opinions in l-ed-2d Volume 95

481 U.S. 1 (1987) PENNZOIL CO. v. TEXACO INC. No. 85-1798. Supreme Court of United States. Argued January 12, 1987 Decided April 6, 1987 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *3 Laurence H. Tribe argued the cause for appellant. With him on the briefs were John L. Jeffers, G. Irvin Terrell, Paul M. Bator, Douglas A. Poe, Kenneth S. Geller, W. James Kronzer, Joseph D...
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340 U.S. 1 (1950) MISSOURI EX REL. SOUTHERN RAILWAY CO. v. MAYFIELD, CIRCUIT COURT JUDGE. No. 15. Supreme Court of United States. Argued October 16, 1950. Decided November 6, 1950. CERTIORARI TO THE SUPREME COURT OF MISSOURI.[*]*2 Floyd E. Thompson argued the cause for petitioners. Sidney S. Alderman, Bruce A. Campbell and H. G. Hedrick were on the brief for the Southern Railway Co. Mr. Thompson,...
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delivered the opinion of the Court. Petitioner, as trustee in bankruptcy of Inland Waterways, Inc., brought suit against the United States in the District Court of Minnesota, Fifth Division, under the War Contract Hardship Claims Act, popularly known as the Lucas Act, adopted August 7, 1946, 60 Stat. 902, 41 U. S. C. § 106 note, to recover $328,804.42 as losses alleged to have been sustained un...
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delivered the opinion of the Court. Petitioner sued in the District Court for a death gratuity under the Act of June 4,1920,41 Stat. 824, as amended, 34 U. S. C. § 943, claiming as the widow of a member of the naval service. Respondent, the defendant in the suit, was Paymaster General of the Navy. The relief asked was mandamus to compel him to pay the widow’s allowance. The District Court held for...
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delivered the opinion of the Court. Petitioner Thomas West brought a “hybrid” suit against his employer, his union, and his union representative under the Railway Labor Act. He alleged that the employer had breached the collective-bargaining agreement and that the union and its representative had breached their duty of fair representation. The parties agree, for the purpose of our review o...
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delivered the opinion of the Court. The United States filed a complaint on two counts against the respondent, alleging violations of a regulation fixing the maximum price of commodities which respondent sold. The first count prayed for an injunction, the second sought treble damages. By agreement and a pretrial order, the second count was held in abeyance pending trial and final determinat...
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delivered the opinion of the Court. This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts state common law tort and contract actions asserting improper processing of a claim for benefits under an insured employee benefit plan. I In March 1975, in Gulfport, Mis...
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delivered the opinion of the Court. This is a direct appeal, 28 U. S. C. § 1252, from dismissal by the District Court of a suit for recovery of $8,701.65 in taxes and interest alleged to be due under § 7 (a) (2) of the Marihuana Tax Act, 50 Stat. 551, now § 2590 (a) (2) of the Internal Revenue Code. 26 U. S. C. § 2590 (a) (2). In their motion to dismiss, which was granted without opinion, ...
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delivered the opinion of the Court. The question presented here is whether a tax lien of the United States is prior in right to an attachment lien where the federal tax lien was recorded subsequent to the date of the attachment lien but prior to the date the attaching creditor obtained judgment. On October 17, 1946, Wilton M. Morrison sued George and Genell Styliano on an unsecured note. Pursuant ...
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with whom Justice Marshall joins, concurring. I write separately only to note that today’s holding is a narrow one. The Court rejects the position, urged by respondent, that removal jurisdiction exists only when the complaint states a claim that is “obviously” pre-empted by state law— that is, when a federal statute has obviously pre-empted state law, or when a decision of this Court has construed...
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delivered the opinion of the Court. These cases present the questions whether the Control Share Acquisitions Chapter of the Indiana Business Corporation Law, Ind. Code § 23-1-42-1 et seq. (Supp. 1986), is preempted by the Williams Act, 82 Stat. 454, as amended, 15 U. S. C. §§78m(d)-(e) and 78n(d)-(f) (1982 ed. and Supp. III), or violates the Commerce Clause of the Federal Constitution, Art. I, §8,...
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delivered the opinion of the Court. These are admiralty proceedings involving the Government’s liability on a policy of war risk insurance by which it insured petitioner’s steam tanker John Worthington against “all consequences of hostilities or warlike operations.” 1 Stipulated facts show that on December 16, 1942, there was a collision between the Worthington and the YMS-12, one of three United ...
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delivered the opinion of the Court. This is a companion case to Standard Oil Company of New Jersey v. United States, 340 U. S. 54, decided this day. Here, as there, the Government insured petitioner’s ship against war risks including “all consequences of hostilities or warlike operations.” The ordinary marine risks were covered by a Lloyd’s policy. The vessel, United States Army Transport David W....
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delivered the opinion of the Court. This proceeding was filed in 1940 in the District Court of the United States for the District of Columbia by the United States under the authority of the Attorney General. 15 U. S. C. § 4. The complaint charged, ¶[ 44, a long-continued conspiracy by defendants in restraint of trade in gypsum products among the several states and in the District of Columb...
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delivered the opinion of the Court. In United States v. Sells Engineering, Inc., 463 U. S. 418 (1983), we held that attorneys for the Civil Division of the Justice Department may not automatically obtain disclosure of grand jury materials for use in a civil suit, but must instead seek a court order of disclosure, available upon a showing of “particularized need.” We explicitly left open the “issue...
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delivered the opinion of the Court. The federal estate tax and the federal gift tax, as held in a line of cases ending with Commissioner v. Wemyss, 324 U. S. 303, and Merrill v. Fahs, 324 U. S. 308, are construed in pari materia, since the purpose of the gift tax is to complement the estate tax by preventing tax-free depletion of the transferor’s estate during his lifetime. Both the gift tax1 and ...
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delivered the opinion of the Court. Petitioner, a state prisoner, applied to the District Court for the Southern District of Illinois for a writ of habeas corpus pursuant to 28 U. S. C. § 2254. The Magistrate to whom the District Court referred the case ordered the State of Illinois to file an answer; the State instead filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil ...
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delivered the opinion of the Court. The question presented is whether the petitioners’ participation in the events leading up to and following the murder of four members of a family makes the sentences of death imposed by the Arizona courts constitutionally permissible although neither petitioner specifically intended to kill the victims and neither inflicted the fatal gunshot wounds. We hold that...
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delivered the opinion of the Court. Petitioner, while on active duty with the Army in Germany, was convicted by a general court-martial of rape on a German girl. The sentence of death, originally imposed, was reduced to a term of years. This case arises on a petition for a writ of habeas corpus filed in the District Court, challenging the legality of petitioner’s detention under that sentence. ...
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delivered the opinion of the Court. This is a petition for a writ of habeas corpus filed in the District Court on behalf of petitioner challenging the legality of his detention by respondent. Respondent ’holds Gusik pursuant to a court-martial judgment convicting him of murder while he was stationed in Italy as a member of the United States Army. After conviction by the court-martial petitioner...
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delivered the opinion of the Court. A common issue arising under the Tort Claims Act, as to which Courts of Appeals are in conflict, makes it appropriate to consider three cases in one opinion. The Feres case: The District Court dismissed an action by the executrix of Feres against the United States to *137 recover for death caused by negligence. Decedent perished by fire in the barracks ...
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340 U.S. 147 (1950) GREAT ATLANTIC & PACIFIC TEA CO. v. SUPERMARKET EQUIPMENT CORP. No. 32. Supreme Court of United States. Argued October 18-19, 1950. Decided December 4, 1950. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. John H. Glaccum argued the cause for petitioner. With him on the brief was Edwin J. Balluff. Townsend F. Beaman argued the cause for respondent. ...
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481 U.S. 186 (1987) CRUZ v. NEW YORK No. 85-5939. Supreme Court of United States. Argued December 1, 1986 Decided April 21, 1987 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK *187 Robert S. Dean argued the cause for petitioner. With him on the briefs was Philip L. Weinstein. Peter D. Coddington argued the cause for respondent. With him on the brief was Mario Merola. Robert H. Klonoff argued the ...
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delivered the opinion of the Court. In response to a subpoena, petitioner appeared as a witness before the United States District Court Grand Jury at Denver, Colorado. There she was asked several *160 questions concerning the Communist Party of Colorado and her employment by it. 1 Petitioner refused to answer these questions on the ground that the answers might tend to incriminate her. She ...
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concurring. I concur in the judgment and ’opinion of the Court. But since it is contrary to an opinion which, as Attorney General, I rendered in 1940,1 owe some word of explanation. 39 Op. Atty. Gen. 504. I am entitled to say of that opinion what any discriminating reader must think of it — that it was as foggy as the statute the Attorney General was asked to interpret. It left the difficult borde...
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481 U.S. 200 (1987) RICHARDSON, WARDEN v. MARSH No. 85-1433. Supreme Court of United States. Argued January 14, 1987 Decided April 21, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *201 Timothy A. Baughman argued the cause for petitioner. With him on the briefs was John D. O'Hair. Lawrence S. Robbins argued the cause for the United States as amicus curiae urging reve...
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delivered the opinion of the Court. The issue in this case is the power of a state to fix prices at the wellhead on natural gas produced within its borders and sold interstate. It originates from proceedings before the Oklahoma Corporation Commission which terminated with the promulgation of two orders. The first order set a minimum wellhead price on all gas taken from the Guymon-Hugoton F...
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C. A. 7th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Johnson v. Transportation Agency, 480 U. S. 616 (1987), and Wygant v. Jackson Board of Education, 476 U. S. 267 (1986)....
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Sup. Ct. N. J. Cer-tiorari dismissed under this Court’s Rule 53. Reported below: 102 N. J. 526, 509 A. 2d 769....
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C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Burlington Northern R. Co. v. Woods, 480 U. S. 1 (1987)....
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Motions of Air Transport Employees and International Brotherhood of Teamsters, Airline Division, et al. to vacate the stay orders entered by Justice O’Connor on April 1, 1987, and April 2, 1987, pending the timely filing and disposition of a petition for writ of certiorari, denied. Justice Stevens took no part in the consideration or decision of these motions....
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Appeal from C. A. 6th Cir. Motion of appellants to defer consideration in No. 86-71, CTS Corp. v. Dynamics Corporation of America [probable jurisdiction noted, 479 U. S. 810], and No. 86-97, Indiana v. Dynamics Corporation of America [probable jurisdiction noted, 479 U. S. 811], and to note probable jurisdiction in this case denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Denied....
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Super. Ct. Pa. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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Sup. Ct. S. C. Certiorari denied....
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delivered the opinion of the Court. This is a companion case to Cities Service Gas Co. v. Peerless Oil & Gas Co., 340 U. S. 179, decided this date. Appellant is a producer in the Guymon-Hugoton Field, owning leases on approximately 183,000 acres, but unlike Cities Service it does not purchase from other producers in this field. It has its own gathering system through ...
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C. A. 8th Cir. Certiorari denied. Justice White took no part in the consideration or decision of this petition....
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delivered the opinion of the Court. Petitioner Hans Ackermann filed a motion in the District Court for the Western District of Texas to set aside a judgment entered December 7, 1943, in that court can-celling his certificate of naturalization. The motion was filed March 25, 1948, pursuant to amended Rule 60 (b) of the Federal Rules of Civil Procedure which became effective March 19, 1948.* The Uni...
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481 U.S. 221 (1987) ARKANSAS WRITERS' PROJECT, INC. v. RAGLAND, COMMISSIONER OF REVENUE OF ARKANSAS No. 85-1370. Supreme Court of United States. Argued January 20, 1987 Decided April 22, 1987 APPEAL FROM THE SUPREME COURT OF ARKANSAS *223 Anne Owings Wilson argued the cause and filed briefs for appellant. John Steven Clark argued the cause for appellee. With him on the brief were R. B. Friedlande...
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delivered the opinion of the Court. Respondent, Lawrence E. Cook, brought this habeas corpus proceeding in the United States District Court in 1948. After hearing evidence, the District Court found as follows: In 1931 respondent was convicted of murder in an Indiana court, sentenced to life imprisonment, and immediately confined in the state penitentiary. Within the six-month period allowed for...
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delivered the opinion of the Court. The petitioner, Kiefer-Stewart Company, is an Indiana drug concern which does a wholesale liquor business. Respondents, Seagram and Calvert corporations, are affiliated companies that sell liquor in interstate commerce to Indiana wholesalers. Petitioner brought this action in a federal district court for treble damages under the Sherman Act. 15 U. S. C. ...
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delivered the opinion of the Court. In No. 45 appellant common carriers by railroad brought this suit against the United States in the District Court for the Northern District of Illinois to enjoin an order of the Interstate Commerce Commission issued June 13, 1949, in a proceeding instituted by the Commission entitled Rail and Barge Joint Rates, No. 26712 on the Commission’s docket. Appellee Inte...
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with whom Justice Blackmun and Justice Stevens join, dissenting. Section 446(a) of the Internal Revenue Code of 1954 provides that taxable income “shall be computed under the method of accounting on the basis of which the taxpayer regularly computes his income in keeping his books.” The Code specifically recognizes the use of “an accrual method,” 26 U. S. C. § 446(c)(2), under which a taxpayer is ...
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delivered the opinion of the Court. In this case the Federal Trade Commission challenged the right of the Standard Oil Company, under the Rob*234inson-Patman Act,1 to sell gasoline to four comparatively large “jobber” customers in Detroit at a less price per gallon than it sold like gasoline to many comparatively small service station customers in the same area. The company’s defenses were that (1...
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announced the judgment of the Court and delivered an opinion in which Justice Blackmun, Justice Powell, and Justice O’Connor join. Section 405 of the Surface Transportation Assistance Act of 1982, 96 Stat. 2157, 49 U. S. C. App. §2305, protects employees in the commercial motor transportation industry from being discharged in retaliation for refusing to operate a motor vehicle that does not comply...
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delivered the opinion of the Court. This case presents the question whether a complex statistical study that indicates a risk that racial considerations enter *283into capital sentencing determinations proves that petitioner McCleskey’s capital sentence is unconstitutional under the Eighth or Fourteenth Amendment. H McCleskey, a black man, was convicted of two counts of armed robbery and one count...
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delivered the opinion of the Court. Appellants are two members of the religious group known as Jehovah’s Witnesses. At the invitation of local coreligionists, they scheduled Bible talks in the public park of the city of Havre de Grace, Maryland. Although there is no ordinance prohibiting or regulating the use of this park, it has been the custom for organizations and individuals desiring to use it...
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delivered the opinion of the Court. New York City has adopted an ordinance which makes it unlawful to hold public worship meetings on the streets *291without first obtaining a permit from the city police commissioner.1 Appellant, Carl Jacob Kunz, was convicted and fined $10 for violating this ordinance by holding a religious meeting without a permit. The conviction was *292affirmed by the Appellat...
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delivered the opinion of the Court. Petitioner was convicted of the offense of disorderly conduct, a misdemeanor under the New York penal laws, in the Court of Special Sessions of the City of Syracuse and was sentenced to thirty days in the county penitentiary. The conviction was affirmed by the Onondaga County Court and the New York Court of Appeals, 300 N. Y. 391, 91 N. E. 2d 316 (1950). The cas...
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340 U.S. 332 (1951) BLAU v. UNITED STATES. No. 21. Supreme Court of United States. Argued November 7, 1950. Decided January 15, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. Samuel D. Menin argued the cause and filed a brief for petitioner. Solicitor General Perlman argued the cause for the United States. With him on the brief were Assistant Attorney General McIner...
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delivered thie opinion of the Court. These cases test the validity of the Securities and Exchange Commission’s finding that a plan of reorganization is “fair and equitable” within the meaning of § 11 of the Public Utility Holding Company Act of 1935,1 although the plan makes no provision for the participation of outstanding stock option warrants relating to the common stock of the company to be re...
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announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice White, and Justice Stevens join. In this case, the United States Court of Appeals for the Fourth Circuit held that a state social-services agency could not lawfully treat personal injury awards as income when determining the eligibility of families seeking Aid to Families with Dependent Children (AFDC...
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delivered the opinion of the Court. This appeal challenges the constitutional validity of two sections of an ordinance of the City of Madison, Wisconsin, regulating the sale of milk and milk products within the municipality’s jurisdiction. One section in issue makes it unlawful to sell any milk as pasteurized unless it has been processed and bottled at an approved pasteurization plant within a rad...
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delivered the opinion of the Court. The question presented here is whether the National Labor Relations Board must deduct from back-pay awards to discriminatorily discharged employees sums paid to them as unemployment compensation by a state agency. The Board found that respondent Gullett Gin Company had discharged certain employees in violation of the National Labor Relations Act, as...
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340 U.S. 367 (1951) ROGERS v. UNITED STATES. No. 20. Supreme Court of United States. Argued November 7, 1950. Decided February 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. *368 Samuel D. Menin argued the cause and filed a brief for petitioner. Solicitor General Perlman argued the cause for the United States. With him on the brief were Assistant Attorney Genera...
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delivered the opinion of the Court. We have held that in capital cases, “‘the sentenced” may not refuse to consider or “ ‘be precluded from considering’ ” any relevant mitigating evidence. Skipper v. South Carolina, 476 U. S. 1, 4 (1986) (quoting Eddings v. Oklahoma, 455 U. S. 104, 114 (1982)). See also Lockett v. Ohio, 438 U. S. 586, 604 (1978) (plurality opinion). Certiorari was g...
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481 U.S. 400 (1987) MONTANA v. HALL No. 86-1381. Supreme Court of United States. Decided April 27, 1987 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF MONTANA *401 PER CURIAM. In 1984 the State of Montana filed an information in the Yellowstone Country District Court charging respondent with felony sexual assault in violation of Mont. Code Ann. § 45-5-502 (1981). The affidavit in supp...
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340 U.S. 383 (1951) AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY & MOTOR COACH EMPLOYEES OF AMERICA, DIVISION 998, ET AL. v. WISCONSIN EMPLOYMENT RELATIONS BOARD. No. 329. Supreme Court of United States. Argued January 9-10, 1951. Decided February 26, 1951. CERTIORARI TO THE SUPREME COURT OF WISCONSIN.[*]*384 David Previant argued the cause and filed a brief for petitioners in No. 329....
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with whom Justice Stevens joins, concurring in part and dissenting in part. I join the Court’s disposition, and Parts I and II of its opinion. I do not join Part III because in my view the right to trial by jury on whether a civil penalty of unspecified amount is assessable also involves a right to trial by jury on what the amount should be. The fact that the Legislature could elect to fix the amo...
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481 U.S. 429 (1987) BURLINGTON NORTHERN RAILROAD CO. ET AL. v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES ET AL. No. 86-39. Supreme Court of United States. Argued February 23, 1987 Decided April 28, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT *431 Rex E. Lee argued the cause for petitioners. With him on the briefs were Carter G. Phillips, Ronald S. Flagg, James S...
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delivered the opinion of the Court. The parties to this case are the same gas workers’ union, many of the same officers of that union, the same gas companies and the Wisconsin Employment Relations Board involved in No. 438, decided this day, ante, p. 383. The instant proceeding began when, at the time of the strike described in No. 438, appellant gas workers filed suit in a fede...
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delivered the opinion of the Court. The parties to this case are the same transit workers, the same transit company, and the Wisconsin Employment Relations Board before the Court in No. 329, decided this day, ante, p. 383. This action arises out of the same threatened strike discussed in that case. After a restraining order had led to postponement of the strike, the Wisconsin Bo...
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delivered the opinion of the Court. Questions of the power of the Interstate Commerce Commission to tighten the restrictions on operations of a railroad’s motor-carrier affiliate are raised by this appeal. In the Commission’s view the operations must be modified in order to make them truly auxiliary to or supplemental of the rail service. They are conducted (1) under a certificate of conve...
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481 U.S. 454 (1987) BURLINGTON NORTHERN RAILROAD CO. v. OKLAHOMA TAX COMMISSION ET AL. No. 86-337. Supreme Court of United States. Argued March 25, 1987 Decided April 28, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT *455 Betty Jo Christian argued the cause for petitioner. With her on the briefs were Timothy M. Walsh, Steven Reed, Jerald S. Howe, Jr., and Jeffrey D. ...
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delivered the opinion of the Court. These appeals, by the Interstate Commerce Commission, and by the intervenor, Regular Common Carrier Conference of American Trucking Associations, Inc., from the judgment of a three-judge federal district court setting aside two orders of the Interstate Commerce Commission, and entering a permanent injunction, raise questions similar to those discussed in...
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delivered the opinion of the Court. The Foreign Agents Registration Act of 1938, 52 Stat. 631-633, as amended in 1942 and 1966, 22 U. S. C. §§ 611-621 (Act), uses the term “political propaganda,” as defined in the Act, to identify those expressive materials that must comply with the Act’s registration, filing, and disclosure requirements. The constitutionality of those underlying requirements and ...
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340 U.S. 462 (1951) UNITED STATES EX REL. TOUHY v. RAGEN, WARDEN, ET AL. No. 83. Supreme Court of United States. Argued November 27-28, 1950. Decided February 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Robert B. Johnstone argued the cause for petitioner. With him on the brief were Edward M. Burke and Howard B. Bryant. *463 Robert S. Erdahl argued the cause...
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delivered the opinion of the Court. In Miller v. California, 413 U. S. 15 (1973), the Court set out a tripartite test for judging whether material is obscene. The third prong of the Miller test requires the trier of fact to determine “whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” Id., at 24. The issue in this case is whether, in a prosecutio...
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delivered the opinion of the Court. The essential issue raised by this case and its companion, Labor Board v. Pittsburgh Steamship Co., post, p. 498, is the effect of the Administrative Procedure Act and the legislation colloquially known as the Taft-Hartley Act on the duty of Courts of Appeals when called upon to review orders of the National Labor Relations Board. ...
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481 U.S. 520 (1987) ARIZONA v. MAURO No. 85-2121. Supreme Court of United States. Argued March 31, 1987 Decided May 4, 1987 CERTIORARI TO THE SUPREME COURT OF ARIZONA *521 Jack Roberts, Assistant Attorney General of Arizona, argued the cause for petitioner. With him on the brief were Robert K. Corbin, Attorney General, Georgia B. Ellexson, Assistant Attorney General, William J. Schafer III, and J...
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481 U.S. 537 (1987) BOARD OF DIRECTORS OF ROTARY INTERNATIONAL ET AL. v. ROTARY CLUB OF DUARTE ET AL. No. 86-421. Supreme Court of United States. Argued March 30, 1987 Decided May 4, 1987 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT *538 William P. Sutter argued the cause for appellants. With him on the briefs were Peter F. Lovato III and Wm. John Kennedy. Judith Resni...
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delivered the opinion of the Court. We brought this case here because on an important phase in the administration of the National Labor Relations Act it was in conflict with Universal Camera Corp. v. Labor Board, 179 F. 2d 749, just decided, ante, p. 474. Our decision in that case controls this. Since the court below applied what we have found to be the req...
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340 U.S. 504 (1951) O'LEARY, DEPUTY COMMISSIONER, FOURTEENTH COMPENSATION DISTRICT, v. BROWN-PACIFIC-MAXON, INC. ET AL. No. 267. Supreme Court of United States. Argued December 7, 1950. Decided February 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. *505 Morton Hollander argued the cause for petitioner. With him on the brief were Solicitor General Perlman, Actin...
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delivered the opinion of the Court. The State of Maryland imposes on steam railroad companies a franchise tax, measured by gross receipts, apportioned to the length of their lines within the State. 1 Appellant Canton Railroad Company, a Maryland corporation, challenges the validity of the tax under the Import-Export Clause of the Constitution, Art. I, § 10, cl. 2, insofar as the...
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Appeal from Ct. App. N. Y. dismissed for *1009want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
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Appeal from Sup. Ct. Mich, dismissed for want of substantial federal question....
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C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the Immigration Re*1010form and Control Act of 1986, Pub. L. 99-603....
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C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of West v. Conrail, ante, p. 35....
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C. A. 10th Cir. [Certiorari granted, 479 U. S. 913.] Motion of respondents for leave to file a supplemental brief after argument granted....
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C. A. 8th Cir. [Certiorari granted, 479 U. S. *10121053.] Motions of National School Boards Association et al. and School Board of Dade County, Florida, for leave to file briefs as amici curiae granted....
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C. A. 9th Cir. [Certiorari granted, 479 U. S. 1083.] Motion of respondents for divided argument denied....
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C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States limited to Question 1 presented by the petition....
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Chan. Ct. Tenn., Davidson County. Application for temporary injunction and other relief, addressed to Justice O’Connor and referred to the Court, denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. D. C. Cir. Certiorari denied....
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C. A. 1st Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Denied....
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C. A. 4th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Ct. App. Cal., 2d App. Dist. Certiorari denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth ■Circuit. Denied....
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Dist. Ct. App. Fla., 1st Dist. Cer-tiorari denied....
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C. A. 3d Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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delivered the opinion of the Court. This is a companion case to Canton R. Co. v. Rogan, ante, p. 511. This appellant likewise challenges the validity under Art. I, § 10, cl. 2 of the Constitution of the application of the Maryland franchise tax * to the extent *521 that the gross receipts by which the tax is measured include revenues derived from the transportation of goods moving in fo...
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C. A. 1st Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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delivered the opinion of the Court. Petitioner seeks in this suit maintenance and cure from the United States, as owner of S. S. Anna Howard Shaw. Petitioner was a messman who went ashore on leave while the vessel was at Naples in 1944. He and two other members of the crew first did some sightseeing. Then the three of them drank one bottle of wine and went to a dance hall, where they stayed an hou...
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C. A. Fed. Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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Ct. App. Tex., 5th Dist. Certiorari denied....
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C. A. 5th Cir. Certio-rari denied....
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C. A. 8th Cir. Cer-tiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 6th Cir. Motions of Edison Electric Institute and Eastern Utilities Associates et al. for leave to file briefs as amici curiae granted. Cer-tiorari denied....
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C. A. 5th Cir. Motions of System Energy Resources, Inc., Edison Electric Institute, National Association of Regulatory Utility Commissioners, and Eastern Utilities Associates et al. for leave to file briefs as amici curiae granted. Certiorari denied....
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Ct. App. Cal., 2d App. Dist. Motions of National Association for the Advancement of Colored People and National Council of Churches of Christ in the U. S. A. for leave to file briefs as amici curiae granted. Certiorari denied. Justice Brennan took no part in the consideration or decision of these motions and this petition....
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C. A. 4th Cir. Certiorari denied. Justice White would grant certiorari....
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dissenting in part. Mr. Justice Reed concurs with the Court’s opinion and judgment except as it permits Illinois to use as a base for the tax computation petitioner’s sales, consummated in Massachusetts by the acceptance of orders forwarded to petitioner there by its Illinois branch office, filled in Massachusetts, and shipped from Massachusetts directly, and not by transhipment through the Illino...
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Appeal from C. A. 6th Cir. Motion of North American Securities Administrators Association, Inc., for leave to file a brief as amicus curiae granted. Judgment vacated and case remanded for further consideration in light of CTS Corp. v. Dynamics Corporation of America, ante, p. 69....
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Appeal from C. A. 9th Cir. *1026dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
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delivered the opinion of the Court. The question presented is whether the Federal Tort Claims Act 1 empowers a United States District Court to require the United States to be impleaded as a third-party defendant and to answer the claim of a joint tort-feasor for contribution as if the United States were a private individual. For the reasons hereinafter stated, we hold that it do...
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It is ordered that William Slater Allen, Jr., of Providence, R. I., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Due to mistaken identity, the order entered March 9, 1987 [480 U. S. 914], suspending William Leon Briggs, of Fort Wayne, Ind., from the practice of law in this Court is vacated and the rule to show cause issued on that date is discharged....
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It is ordered that Thomas John Burke, of Naperville, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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480 U. S. 9. Motion of respondents to retax costs granted....
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Application to continue stay and for other relief, presented to Justice Powell, and by him referred to the Court, denied. The order heretofore entered by Justice Powell on April 21, 1987, is vacated. Justice Stevens, Justice O’Connor, and Justice Scalia would grant the application....
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C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029.] Motion of the Solicitor General for divided argument granted....
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Temp. Emerg. Ct. App. Motions of New York et al. and Asociación de Detallis-tas de Gasoline de Puerto Rico for leave to file briefs as amici curiae granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice O’Connor took no part in the consideration or decision of these motions and this order....
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Temp. Emerg. Ct. App. Certiorari denied....
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Sup. Ct. N. J. Certiorari denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Denied....
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Denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 3d Cir. Certio-rari denied....
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C. A. 3d Cir. Certiorari denied....
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Ct. App. N. Y. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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delivered the opinion of the Court. This action was brought in the United States District Court for the Northern District of Illinois under § 4 of the Clayton Act 1 to recover treble damages for injuries alleged to have been suffered by reason of a conspiracy in restraint of trade in violation of the Sherman Act, § l. 2 Plaintiffs, petitioners here, are Emich Motors Corporation, a former de...
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C. A. 4th Cir. Certiorari denied. Justice White would grant certiorari....
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C. A. 4th Cir. Certiorari denied. Justice Powell took no part in the consideration or decision of this petition....
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481 U.S. 551 (1987) PENNSYLVANIA v. FINLEY No. 85-2099. Supreme Court of United States. Argued March 2, 1987 Decided May 18, 1987 CERTIORARI TO THE SUPERIOR COURT OF PENNSYLVANIA *552 Gaele McLaughlin Barthold argued the cause for petitioner. With her on the briefs were Ann C. Lebowitz, Ronald Eisenberg, and William G. Chadwick, Jr. Catherine M. Harper, by appointment of the Court, 479 U.S. 928, ...
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340 U.S. 573 (1951) MOORE, ADMINISTRATRIX, v. CHESAPEAKE & OHIO RAILWAY CO. No. 318. Supreme Court of United States. Argued January 4, 1951. Reargued January 10, 1951. Decided February 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. Geo. E. Allen argued the cause and filed a brief for petitioner. Meade T. Spicer, Jr. and Strother Hynes argued the cause on th...
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delivered the opinion of the Court. The right of a daughter to attack in New York the validity of her deceased father’s Florida divorce is before us. She was his legatee. The divorce was granted in Florida after the father appeared there and contested the merits. The issue turns on the effect in New York under these circumstances of the Full Faith and Credit Clause of the Federal Constitution. ...
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with whom The Chief Justice and Justice O’Connor join, dissenting. The majority has once again substituted its judgment for a fair and reasonable interpretation by the National Labor Relations Board of § 8(b)(1)(B), and I, once again, respectfully dissent. See Florida Power & Light Co. v. Electrical Workers, 417 U. S. 790, 813 (1974) (White, J., dissenting). *599The Board concluded that a union vi...
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340 U.S. 590 (1951) UNITED STATES v. LEWIS. No. 347. Supreme Court of United States. Argued March 2, 1951. Decided March 26, 1951. CERTIORARI TO THE COURT OF CLAIMS. Ellis N. Slack argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Caudle and I. Henry Kutz. Sigmund W. David argued the cause and filed a brief for respondent. MR....
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340 U.S. 593 (1951) 62 CASES OF JAM ET AL. v. UNITED STATES. No. 363. Supreme Court of United States. Argued March 5-6, 1951. Decided March 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. Benjamin F. Stapleton, Jr. argued the cause for petitioners. With him on the brief were Clarence L. Ireland and Edward Brown Williams. Robert L. Stern argued the cause for the U...
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340 U.S. 602 (1951) SPECTOR MOTOR SERVICE, INC. v. O'CONNOR, TAX COMMISSIONER. No. 132. Supreme Court of United States. Argued November 29-30, 1950. Reargued January 10, 1951. Decided March 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. *603 Cyril Coleman argued the cause and filed a brief for petitioner. Louis Weinstein, Assistant Attorney General of Connectic...
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delivered the opinion of the Court. The United States brings this action under the Housing and Rent Act of 1947, as amended, 1 to obtain damages for violations of the Act and restitution of overceiling rentals collected. The question is whether under § 206 (b) of the Act a landlord may be ordered to make restitution of overceiling rentals where a prohibitory injunction is not required because...
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delivered the opinion of the Court. Respondent, a citizen of the United States born in Iraq, was an associate professor at St. Francis College, one of the petitioners here. In January 1978, he applied for tenure; the Board of Trustees denied his request on February 23, 1978. He accepted a 1-year, nonrenewable contract and sought administrative reconsideration of the tenure decision, which was deni...
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In this case the respondent Reggie Hammerstein, by her mother and guardian, commenced a paternity action against the petitioner in the Superior Court of California. Petitioner entered a special appearance in that court, alleging that it had no personal jurisdiction over him, as he was a New York resident. He moved to quash the service upon him in New York on the grounds that any judgment obtained...
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481 U.S. 615 (1987) SHAARE TEFILA CONGREGATION ET AL. v. COBB ET AL. No. 85-2156. Supreme Court of United States. Argued February 25, 1987 Decided May 18, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Patricia A. Brannan argued the cause for petitioners. With her on the briefs were David S. Tatel, Joseph M. Hassett, Steven P. Hollman, Irvin N. Shapell, and Kevin J. ...
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delivered the opinion of the Court. In this case, we are asked to decide whether a state court has jurisdiction to hold a disabled veteran in contempt for failing to pay child support, where the veteran’s only means *622of satisfying this obligation is to utilize benefits received from the Veterans’ Administration under 38 U. S. C. § 314 as compensation for a service-connected disability. HH Appel...
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340 U.S. 845 71 S.Ct. 12 95 L.Ed. 620 GRAVER TANK AND MFG. CO., Inc., et al., petitioners,v.LINDE AIR PRODUCTS COMPANY. No. 2. Supreme Court of the United States October Term, 1949. October 9, 1950 1 Petition for rehearing denied. 2 Mr. Justice MINTON took no part in the consideration or decision of this application. ...
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announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-A, III-B-1, and IV, and an opinion with respect to Part III-B-2, in which Justice Brennan, Justice Marshall, and Justice Stevens join. More than 10 years ago, in Davis v. Georgia, 429 U. S. 122 (1976) (per curiam), this Court on certiorari summarily reversed a judgment of a state court and r...
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delivered the opinion of the Court This case presents the question whether the doctrine established in Feres v. United States, 340 U. S. 135 (1950), bars an action under the Federal Tort Claims Act on behalf of a service member killed during the course of an activity incident to service, where the complaint alleges negligence on the part of civilian employees of the Federal Government. HH Lieutena...
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delivered the opinion of the Court. The question presented is whether the original version of the “escheat” provision of the Indian Land Consolidation Act of 1983, Pub. L. 97-459, Tit. II, 96 Stat. 2519, effected a “taking” of appellees’ decedents’ property without just compensation. I Towards the end of the 19th century, Congress enacted a series of land Acts which divided the communal reservatio...
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481 U.S. 735 (1987) PENSION BENEFIT GUARANTY CORPORATION v. YAHN & McDONNELL, INC., ET AL. No. 86-231. Supreme Court of United States. Argued April 27, 1987 Decided May 18, 1987[*] APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Gary M. Ford argued the cause for appellants in both cases. With him on the briefs for appellant in No. 86-231 were Peter H. Gould, David F. Power, K...
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Petitioner was found guilty of one count of conspiracy to possess cocaine with intent to distribute, and two counts of possession of cocaine with intent to distribute. He was sentenced to concurrent 7-year prison terms on all three counts, and to concurrent special parole terms of five years on the two possession counts. The Court of Appeals affirmed peti *737 tioner’s conspiracy conviction and...
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481 U.S. 738 107 S.Ct. 2171 95 L.Ed.2d 696 John R. VAN DRASEK, Petitionerv.James H. WEBB, Jr., Secretary of the Navy, et al No. 86-319 Supreme Court of the United States May 18, 1987 On writ of certiorari to the United States Court of Appeals for the Federal Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently gr...
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delivered the opinion of the Court. Section 205 (e) of the Emergency Price Control Act of 1942, as amended, authorized the Price Administrator under certain circumstances to institute damage actions against sellers of commodities who charged more than prescribed ceiling prices. 1 Pursuant to this section, the consolidated cases now before us were brought in the District Coui’t b...
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delivered the opinion of the Court. The Bail Reform Act of 1984 (Act) allows a federal court to detain an arrestee pending trial if the Government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions “will reasonably assure . . . the safety of any other person and the community.” The United States Court of Appeals for the Second Circuit struck down th...
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341 U.S. 6 (1951) AMERICAN FIRE & CASUALTY CO. v. FINN. No. 252. Supreme Court of United States. Argued December 7, 1950. Decided April 9, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. *7 David Bland argued the cause for petitioner. With him on the brief were M. L. Cook and Austin Y. Bryan, Jr. Bailey P. Loftin argued the cause and filed a brief for respondent....
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concurring. West Virginia officials induced sister States to contract with her and Congress to consent to the Compact. She now attempts to read herself out of this interstate Compact by reading into her Constitution a limitation upon the powers of her Governor and Legislature to contract. West Virginia, for internal affairs, is free to interpret her own Constitution as she will. But if the compact...
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delivered the opinion of the Court. Federal Rule of Appellate Procedure 23(c) provides that, when the Government appeals a decision granting a writ of habeas corpus, the habeas petitioner shall be released from custody “unless the court or justice or judge rendering the decision, or the court of appeals or the Supreme Court, or a judge or justice of either court shall otherwise order.” Federal Rul...
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delivered the opinion of the Court. Respondent, a former captain in the Army, was honorably discharged for physical disability and without retirement pay, as the result of a decision by an Army Retiring Board. Respondent applied to the Army Disability Review Board for review of that action. The Review Board held that respondent was not entitled to retirement pay. Respondent, having requested a ...
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delivered the opinion of the Court. Petitioner, a native of Switzerland, was admitted to citizenship by the United States District Court for the Eastern District of New York on July 21, 1949. 1 The Court of Appeals reversed, 2 holding that petitioner was debarred from citizenship because he had claimed exemption from military service as a neutral alien during World Wa...
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The facts leading to this controversy are fully set forth in United States v. Alcea Band of Tillamooks, 329 U. S. 40 (1946), where this Court affirmed a judgment of the Court of Claims that certain named Indian tribes “are entitled to recover” compensation for the taking of original Indian title by the United States in 1855. The amount of recovery was reserved expressly for the further procee...
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The judgment is reversed. Cassell v. Texas, 339 U. S. 282....
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481 U.S. 787 (1987) YOUNG v. UNITED STATES EX REL. VUITTON ET FILS S. A. ET AL. No. 85-1329. Supreme Court of United States. Argued January 13, 1987 Decided May 26, 1987[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *789 James A. Cohen argued the cause for petitioners. With him on the briefs were Leonard J. Comden and William Weininger. Deputy Solicitor General Bryson...
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This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refuséd to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15. -Md.-, 78 A. 2d 660. The scope of the state law was passed on in Shub v. Simpson, - Md. ...
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delivered the opinion of the Court. The United States appeals from an order of the United States District Court for the Southern District of Florida dismissing an indictment against the appellees here. 18 U. S. C. § 3731. That indictment, 18 U. S. C. § 1621, charged each appellee with the crime of perjury while testifying in a prior criminal trial. The former trial was on charges of using “thir...
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announced the judgment of the Court and an opinion in which The Chief Justice, Mr. Justice Jackson and Mr. Justice Minton joined. In 1947 a Florida corporation employed a detective agency to investigate thefts of its property. The inquiry was conducted by one Williams, the head of the agency, and among the participants were two of his employees and a member of the Miami police force detailed to as...
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481 U.S. 828 (1987) UNITED STATES v. MENDOZA-LOPEZ ET AL. No. 85-2067. Supreme Court of United States. Argued March 3, 1987 Decided May 26, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *829 Christopher J. Wright argued the cause for the United States. With him on the briefs were Solicitor General Fried, Assistant Attorney General Weld, and Deputy Solicitor General ...
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delivered the opinion of the Court. The question in this case is whether a special police officer who in his official capacity subjects a person suspected of crime to force and violence in order to obtain a confession may be prosecuted under § 20 of the Criminal Code, 18 U. S. C. (1946 ed.) § 52, now 18 U. S. C. § 242. Section 20 provides in pertinent part: “Whoever, under color of any law, statut...
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delivered the opinion of the Court. Appellant is an unincorporated association which the California District Court of Appeal analogizes to a mutual insurance corporation. The details of its organization and operation are not important here. It is supervised by the Insurance Commissioner of California, like other insurance companies doing a liability insurance business. It was formed to wri...
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481 U.S. 851 (1987) INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, ET AL. v. HECHLER No. 85-1360. Supreme Court of United States. Argued January 20, 1987 Decided May 26, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT *852 Laurence Gold argued the cause for petitioners. With him on the briefs were David M. Silberman, Laurence J. Cohen, Elihu I. Leifer, an...
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Petitioner brought this action against the United States to secure the proceeds of a National Service Life Insurance Policy taken out by Evelyn Haizlip, a member of the Women’s Army Corps. Before insured’s death in 1945, petitioner, described by insured as her “brother,” had been designated as beneficiary. The husband of the insured was interpleaded as a conflicting claimant. If petitioner, who w...
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Applicant United States Postal Service asks that I stay the mandate of the Court of Appeals for the District of Columbia Circuit enforcing an arbitrator’s decision that applicant reinstate Edward Hyde as a postal worker. In 1984, Hyde was convicted of unlawful delay of the mail by a postal employee after postal inspectors found more than 3,500 pieces of undelivered mail in his possession. The Pos...
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delivered the judgment of the Court and an opinion in which Mr. Justice Frankfurter, Mr. Justice Douglas, and Mr. Justice Jackson joined. Respondent, Pewee Coal Co., Inc., is a coal mine operator whose property was allegedly possessed and operated by the United States from May 1 to October 12, 1943, to avert a nation-wide strike of miners. Pewee brought this action in the Court of Claims to recove...
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Appeal from Sup. Ct. Wash, dismissed for want of substantial federal question....
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Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of properly presented federal question....
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C. A. 9th Cir. Cer-tiorari granted....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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0C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
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Sup. Ct. Fla. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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Ct. App. Mich. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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Ct. App. S. C. Certiorari denied....
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with whom The Chief Justice and Mr. .Justice Minton join, dissenting. The three organizations named in the caption, together with certain other groups and individuals, filed suits in the United States District Court for the District of Columbia primarily to have declared unconstitutional Executive Order No. 9835, March 21, 1947, 12 Fed. Reg. 1935, as applied against these petitioners. Acting un*18...
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C. A. 7th Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied. Justice White took no part in the consideration or decision of this petition....
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C. A. 6th Cir. Motion of Michigan Trial Lawyers Association for leave to file *1042a brief as amicus curiae granted. Certiorari denied....
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Sup. Ct. Ariz. Motion of Ak-Chin Indian Community et al. for leave to file a brief as amici curiae granted. Certiorari denied. Justice O’Connor took no part in the consideration or decision of this motion and this petition....
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The petition for rehearing is denied....
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Ct. App. Cal., 2d App. Dist. Certiorari dismissed under this Court’s Rule 53....
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Sup. Ct. Kan. [Probable jurisdiction noted, 479 U. S. 1082.] Because there is no longer a live controversy concerning Question 1 presented by the jurisdictional statement, and because Question 2 does not present a substantial federal question, the appeal is dismissed. The portions of this Court’s orders of February 23, 1987, consolidating Nos. 86-781 and 86-793 for argument are vacated. Justice Po...
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Appeal from Sup. Ct. App. W. Va. dismissed for want of substantial federal question. Justice Powell took no part in the consideration or decision of this case....
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Appeal from Ct. App. N. Y. dismissed for want of substantial federal question....
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C. A. 9th Cir. [Certiorari granted, 479 U. S. 1083.] Motion of National Coordinating Committee for Multiemployer Plans for leave to file a brief as amicus curiae granted....
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Appeal from D. C. C. D. Cal. Motion of appellees to substitute Wells Fargo Bank et al. in place of Crocker National Bank et al. granted. Probable jurisdiction noted....
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C. A. D. C. Cir. Cer-tiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Sup. Jud. Ct. Me. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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Sup. Ct. Mo. Certiorari denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Denied....
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C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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Super. Ct. N. J., App. Div. Certiorari denied....
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Sup. Ct. Mich. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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Sup. Ct. Mich. Certiorari denied....
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Sup. Ct. Ind. Certiorari denied....
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C. A. 9th Cir. Cer-tiorari denied....
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Super. Ct. Pa. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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Chan. Ct. Tenn., Davidson County. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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C. A. D. C. Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Certiorari denied. Justice Brennan and Justice Marshall would grant the petition for writ of certiorari and reverse the *1058judgment of conviction....
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480 U. S. 940; 480 U. S. 527; ante, p. 1001; 480 U. S. 943; 480 U. S. 943; 480 U. S. 936; ante, p. 1005; 480 U. S. 937; 480 U. S. 937; 480 U. S. 951; 480 U. S. 951; 480 U. S. 939; 480 U. S. 949; ante, p. 1005; ante, p. 1006; 480 U. S. 941; 480 U. S. 940; ante, p. 1019; and 480 U. S. 951. Petitions for rehearing denied....
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C. A. 3d Cir. [Certiorari granted, 479 U. S. 881.] Motion of petitioners for leave to file a supplemental brief after argument granted....
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C. A. 7th Cir. Motion of petitioners to strike brief of respondents denied....
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D. C. Utah. [Probable jurisdiction postponed, 479 U. S. 929.] Motion of *1067appellees for leave to file a supplemental brief after argument denied....
Views: 0
Sup. Ct. Kan. [Probable jurisdiction noted, 479 U. S. 1082.] Motion of Edison Electric Institute for leave to file a brief as amicus curiae granted. Justice Powell took no part in the consideration or decision of this motion....
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C. A. 9th Cir. Certiorari granted....
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Appeal from Ct. App. Tex., 1st Dist. Probable jurisdiction noted....
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C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
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C. A. D. C. Cir. Certiorari before judgment denied....
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C. A. 9th Cir. Certiorari denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Denied....
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C. A. 1st Cir. Certiorari denied. Justice White and Justice Powell would grant certiorari....
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C. A. 9th Cir. Certiorari denied. Justice White would grant certiorari....
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delivered the opinion of the Court. Petitioners were indicted for a violation of § 1 of the Sherman Act-. 1 Before the case was set for trial, each petitioner filed a motion under Rule 16 of the Federal Rules of Criminal Procedure 2 for an order requiring the *216 United States to produce for inspection all books, papers, documents, or objects obtained f...
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341 U.S. 223 (1951) JORDAN, DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION, v. DE GEORGE. No. 348. Supreme Court of United States. Argued March 5, 1951. Decided May 7, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. John F. Davis argued the cause for petitioner. With him on the brief were Solicitor General Perlman, Assistant Attorney General McInerney, L. Pa...
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341 U.S. 246 (1951) MONTANA-DAKOTA UTILITIES CO. v. NORTH-WESTERN PUBLIC SERVICE CO. No. 77. Supreme Court of United States. Argued November 27, 1950. Decided May 7, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. *247 William D. Mitchell argued the cause for petitioner. With him on the brief were John C. Benson, H. F. Fellows and Rodger L. Nordbye. Jacob M. Lashly ...
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341 U.S. 267 (1951) MOSSER, SUCCESSOR TRUSTEE, ET AL. v. DARROW, FORMER TRUSTEE, ET AL. No. 461. Supreme Court of United States. Argued April 10-11, 1951. Decided May 7, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. *268 Stanley A. Kaplan argued the cause for petitioners. With him on the brief were Carl W. Mulfinger, J. Edgar Kelly and Jacob B. Courshon. Roger S....
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delivered the opinion of the Court. These actions involve questions concerning the precise scope of rights to employment in the federal service granted by the Veterans’ Preference Act of 1944. 58 Stat. 387, 5 U. S. C. (1946 ed.) §§ 851 et seq. The ultimate issues are two: (1) whether under § 12 of the Act veterans with temporary war-service appointments are entitled to retention preference ov...
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341 U.S. 290 (1951) UNITED STATES ET AL. v. CHAMPLIN REFINING CO. No. 433. Supreme Court of United States. Argued March 8-9, 1951. Decided May 7, 1951. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA. *291 Charles H. Weston argued the cause for appellants. With him on the brief were Solicitor General Perlman, Assistant Attorney General Morison, John F. Davis, Dan...
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Wheelock Bros., Inc., a private motor carrier, sued in the Court of Claims to recover just compensation for an alleged temporary taking of its properties and business by the United States pursuant to Executive Order No. 9462. 9 Fed. Reg. 10071 (1944). The Court of Claims entered judgment awarding Wheelock Bros., Inc., just compensation in an amount less than that claimed. 115 *320 Ct. Cl. 733, ...
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The petition for writ of certiorari is granted. The sole question presented by the petition is the validity of the affirmance by the Court of Appeals of the judgment rendered against the petitioner for costs by the District Court. There being no express statutory authority for the allowance of costs to the respondent, such an award of costs is precluded by 28 U. S. C. § 2412 (a). The judgment of ...
Views: 1
341 U.S. 322 (1951) NATIONAL LABOR RELATIONS BOARD v. HIGHLAND PARK MANUFACTURING CO. No. 425. Supreme Court of United States. Argued April 23, 1951. Decided May 14, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. Mozart G. Ratner argued the cause for petitioner. With him on the brief were Solicitor General Perlman, James L. Morrisson, David P. Findling and Alvin Ga...
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341 U.S. 329 (1951) PANHANDLE EASTERN PIPE LINE CO. v. MICHIGAN PUBLIC SERVICE COMMISSION ET AL. No. 486. Supreme Court of United States. Argued April 23, 1951. Decided May 14, 1951. APPEAL FROM THE SUPREME COURT OF MICHIGAN. *330 Robert P. Patterson argued the cause for appellant. With him on the brief was Clayton F. Jennings. Edmund E. Shepherd, Solicitor General of Michigan, argued the cause f...
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whom Mr. Justice Jackson joins, concurring in the result. The Southern Railway asked leave of the Alabama Public Service Commission to take off two of its passenger trains. The Commission, deeming the service of these runs necessary for the communities served, denied leave. The Railway thereafter applied to the United States District Court for an injunction against the order of the Commission. The...
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delivered the opinion of the Court. This case was argued with No. 395, decided this day, ante, p. 341, and brings the same parties before the Court. This proceeding arises out of appellee’s efforts to discontinue operation of passenger trains Nos. 11 and 16 operated daily between Birmingham, Alabama, and Columbus, Mississippi, a distance of approximately 120 miles *3...
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delivered the opinion of the Court. William Brandhove brought this action in the United States District Court for the Northern District of California, alleging that he had been deprived of rights guaranteed by the Federal Constitution. The defendants are Jack B. Tenney and other members of a committee of the California Legislature, the Senate Fact-Finding Committee on Un-American Activities, collo...
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delivered the opinion of the Court. Respondents, Maryland and Delaware corporations, are distributors of gin and whiskey. They sell their products to wholesalers in Louisiana, who in turn sell to retailers. Respondents have a price-fixing scheme whereby they try to maintain uniform retail prices for their products. They endeavor to make retailers sign price-fixing contracts under which the buyers ...
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delivered the opinion of the Court. Radio Corporation of America (RCA) and two of its subsidiaries brought this action in a three-judge District Court to enjoin and set aside an order of the Federal Communications Commission prescribing standards for transmission of color television. 1 The effect of the challenged order was to reject a color system proposed by RCA and to accept ...
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delivered the opinion of the Court. The Standard Oil Company, a New Jersey corporation, appeals from a judgment of the Supreme Court of New Jersey insofar as it declares escheated to the State of New Jersey unpaid dividends declared upon the stock of Standard Oil, and twelve shares of the common stock of the Company. *430The New Jersey Escheat Act reads in part: “If any person, who, at the time of...
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delivered the opinion of the Court. On December 11, 1941, petitioner Zittman, holder of claims against the Deutsche Reichsbank and the Deutsche Golddiskontbank, caused attachment warrants to be issued by the appropriate New York court and levied on accounts maintained by the debtors in New York City with the Chase National Bank. On January 21, 1942, petitioner McCarthy, holder of a claim against t...
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delivered the opinion of the Court. These are companion cases to Nos. 298 and 314,- ante, p. 446. Here, the petitioners attached the accounts of the Deutsche Reichsbank with the Federal Reserve Bank of New York. The attachments were levied at the same time as those levied on the Chase Bank accounts, and were also followed by state court actions against the Reichsbank, culminating in default j...
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delivered the opinion of the Court. Petitioner has been convicted of criminal contempt for refusing to obey a federal court order requiring him to answer certain questions asked in a grand jury investigation. He raises here important issues as to the application of the privilege against self-incrimination under the Fifth Amendment, claimed to justify his refusal. *481 A special federal gran...
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After argument, we continued this cause to enable the petitioner to apply for a certificate or other expression from the appropriate California courts to show whether the judgments rested on adequate and independent state grounds or whether decision of the federal question was necessary to the judgments rendered. 340 U. S. 622 (1951). Such expressions have been obtained. *492 The Supreme Cour...
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dissenting. Here again, as in Breard v. Alexandria, post, p. 622, decided this day, my basic disagreement with the Court is not as to how we should explain or reconcile what was said in prior decisions but springs from a fundamental difference in constitutional approach. Consequently, it would serve no useful purpose to state my position at length. At the outset I want to emphasize what the crime ...
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delivered the opinion of the Court. The United States brought this civil action to prevent and restrain violations of the Sherman Act1 by appellant, *595Timken Roller Bearing Co., an Ohio corporation. The complaint charged that appellant, in violation of §§ 1 and 3 of the Act,2 combined, conspired and acted with British Timken, Ltd. (British Timken), and Societe Anonyme Frangaise Timken (French Ti...
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341 U.S. 609 (1951) HUGHES, ADMINISTRATOR, v. FETTER ET AL. No. 355. Supreme Court of United States. Argued March 1-2, 1951. Decided June 4, 1951. APPEAL FROM THE SUPREME COURT OF WISCONSIN. *610 Samuel Goldenberg argued the cause and filed a brief for appellant. Herbert L. Wible argued the cause for appellees. With him on the brief was Robert H. Hollander. MR. JUSTICE BLACK delivered the opinion...
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341 U.S. 622 (1951) BREARD v. ALEXANDRIA. No. 399. Supreme Court of United States. Argued March 7-8, 1951. Decided June 4, 1951. APPEAL FROM THE SUPREME COURT OF LOUISIANA. *623 E. Russell Shockley argued the cause for appellant. With him on the brief was J. Harry Wagner, Jr. Frank H. Peterman argued the cause and filed a brief for appellee. Briefs of amici curiae supporting appellant were filed ...
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341 U.S. 651 (1951) COLLINS ET AL. v. HARDYMAN ET AL. No. 217. Supreme Court of United States. Argued January 8-9, 1951. Decided June 4, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. *652 Aubrey N. Irwin argued the cause and filed a brief for petitioners. A. L. Wirin and Loren Miller argued the cause for respondents. With Mr. Wirin on the brief were Fred Okrand, Wi...
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delivered the opinion of the Court. The question presented is whether a union violated § 8 (b) (4) of the National Labor Relations Act, 49 Stat. 449, 29 U. S. C. § 151, as amended by the Labor Management Relations Act, 1947, 1 under the following circum *667 stances: Although not certified or recognized as the representative of the employees of a certain mill engage...
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341 U.S. 675 (1951) NATIONAL LABOR RELATIONS BOARD v. DENVER BUILDING & CONSTRUCTION TRADES COUNCIL ET AL. No. 393. Supreme Court of United States. Argued February 27, 1951. Decided June 4, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. *676 David P. Findling argued the cause for petitioner. With him on the brief were Solicitor General Perlman, Mo...
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delivered the opinion of the Court. This is a companion case to No. 393, Labor Board v. Denver Building Trades Council (the Denver case), ante, p. 675, and No. 85, Local 74, United Brotherhood of Carpenters v. Labor Board (the Chattanooga case), post, p. 707. The principal question here is whether ...
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delivered the opinion of the Court. This is a companion case to No. 393, Labor Board v. Denver Building Trades Council (the Denver case), ante, p. 675, and No. 108, International Brotherhood of Electrical Workers v. Labor Board (the Greenwich case), ante, p. 694. The principal question is whether, under the f...
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concurring- in part and dissenting in part. The Constitution does not guarantee public employment. City, State and Nation are not confined to making provisions appropriate for securing competent professional discharge of the functions pertaining to diverse *725governmental jobs. They may also assure themselves of fidelity to the very presuppositions of our scheme of government on the part of those...
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(1) Nos. 697 and 702 are before the Court on petitions for certiorari to review, first, an order of the District Court for the District of Columbia requiring that Charles Sawyer endorse certain stock certificates as “United States Maritime Commission, by Charles Sawyer, Secretary of Commerce,” and, second, a Restraining Order issued by the Court of Appeals for the District of Columbia Circuit enj...
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