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All Reporters → l-ed-2d → Volume 96

Opinions in l-ed-2d Volume 96

delivered the opinion of the Court. In this case we must decide whether a Maine statute requiring employers to provide a one-time severance payment to employees in the event of a plant closing, Me. Rev. Stat. *4Ann., Tit. 26, §625-B (Supp. 1986-1987),1 is pre-empted by either the Employee Retirement Income Security Act of 1974, 88 Stat. 832, as amended, 29 U. S. C. §§1001-1381 (ERISA), or the Nati...
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delivered the opinion of the Court. Indictments have been returned in the Southern District of California charging the twelve petitioners with conspiring to violate the Smith Act, 18 U. S. C. (Supp. IV) §§ 371, 2385. Upon their arrest, bail was fixed for each petitioner in the widely varying amounts of $2,500, $7,500, $75,000 and $100,000. On motion of petitioner Schneiderman following arrest i...
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delivered the opinion of the Court. Rule 24 (a) of the Federal Rules of Civil Procedure provides in part as follows: “(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: . . . (2) when the representation of the applicant’s interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or (3)...
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delivered the opinion of the Court.† In this case we are confronted with the issue whether the National Labor Relations Board’s decision is consistent with NLRB v. Burns International Security Services, Inc., 406 U. S. 272 (1972). In Bums, this Court ruled that the new employer, succeeding to the business of another, had an obligation to bargain with the union representing the predecessor’s employ...
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delivered the opinion of the Court. Petitioner, a seaman, brought this suit in admiralty alleging in the first count a cause of action based on negligence and unseaworthiness, while in the second *26 count he sought maintenance and cure. He alleged the actionable wrongs to have taken place in November and December .of 1945, but. he did not file his libel until January 22, 1948. The Act whic...
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This suit in admiralty, a libel in personam brought in the District Court for the Canal Zone, is petitioner’s third attempt to secure damages for injuries alleged to have been sustained on December 3, 1947, while a passenger on board respondent’s steamship Panama. Petitioner instituted her first action against the respondent on April 10,1948. This complaint was dismissed October 7, 1948, af...
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Petitioner was convicted in the California Superior Court in 1949 of making and possessing counterfeiting dies or plates in violation of Cal. Penal Code, 1949, § 480. He did not appeal, but sought to challenge the validity of his conviction by filing successive petitions for a writ of habeas corpus in the California Superior Court and California District Court of Appeal. Following denial of the...
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342 U.S. 35 (1951) PALMER OIL CORP. ET AL. v. AMERADA PETROLEUM CORP. ET AL. No. 301. Supreme Court of United States. Continued November 5, 1951. APPEAL FROM THE SUPREME COURT OF OKLAHOMA.[*]Coleman Hayes, Mark H. Adams and Charles E. Jones for appellants in No. 301. Reford Bond, Jr. for appellants in No. 302. Harry D. Page for the Amerada Petroleum Corporation; Earl A. Brown, Robert W. Richards ...
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342 U.S. 36 (1951) UNITED STATES v. CARIGNAN. No. 5. Supreme Court of United States. Argued October 8, 1951. Decided November 13, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. *37 Philip Elman argued the cause for the United States. Solicitor General Perlman, Assistant Attorney General McInerney, Robert S. Erdahl and Beatrice Rosenberg filed a brief for the United ...
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delivered the opinion of the Court. In this case we must decide which court — the Court of Appeals for the Federal Circuit or the appropriate regional Court of Appeals — has jurisdiction over an appeal from a Federal District Court’s decision of a case raising both a nontax claim under the Little Tucker Act and a claim under the Federal Tort Claims Act (FTCA). I During World War II, the Government...
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delivered the opinion of the Court. Here we are faced with troublesome questions as to the exclusion from evidence, on motion of the accused, of contraband narcotics claimed by him which were seized on the premises of other persons in the course of a search without a warrant. On the basis of the seized narcotics, the accused, respondent here, was convicted of violation of the narcotics laws, 26...
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482 U.S. 78 (1987) TURNER ET AL. v. SAFLEY ET AL. No. 85-1384. Supreme Court of United States. Argued January 13, 1987 Decided June 1, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *80 Henry T. Herschel, Assistant Attorney General of Missouri, argued the cause for petitioners. With him on the briefs were William L. Webster, Attorney General, and Michael L. Boicourt....
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342 U.S. 55 (1951) GALLEGOS v. NEBRASKA. No. 94. Supreme Court of United States. Argued October 8, 1951. Decided November 26, 1951. CERTIORARI TO THE SUPREME COURT OF NEBRASKA. Robert G. Simmons, Jr. argued the cause for petitioner. With him on the brief were James G. Mothersead and Floyd E. Wright. *56 Walter E. Nolte, Deputy Attorney General of Nebraska, and Homer L. Kyle, Assistant Attorney Ge...
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concurring in part and dissenting in part. Once again the Court decides a case summarily without benefit of full briefing on the merits of the question decided. As I noted recently, Montana v. Hall, 481 U. S. 400, 405-406 (1987) (dissenting from summary disposition), this Court’s *122Rules governing the filing of petitions for certiorari instruct the parties to address whether plenary consideratio...
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342 U.S. 76 (1951) BINDCZYCK v. FINUCANE, CHAIRMAN OF THE BOARD OF IMMIGRATION APPEALS, ET AL. No. 18. Supreme Court of United States. Argued October 10, 1951. Decided November 26, 1951. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Joseph A. Fanelli argued the cause and filed a brief for petitioner. *77 James L. Morrisson argued the cause for respondents....
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delivered the opinion of the Court. This original case, which is here for the fourth time, involves the construction and enforcement of the 1949 Compact 1 between New Mexico and Texas dividing the water of the Pecos River between the two States. Because of the irregular flow of the Pecos River, the Compact did not specify a particular amount of water to be delivered by New Mexico to Texas eac...
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342 U.S. 98 (1951) UNITED STATES v. WUNDERLICH ET AL. No. 11. Supreme Court of United States. Argued November 6, 1951. Decided November 26, 1951. CERTIORARI TO THE COURT OF CLAIMS. Paul A. Sweeney argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge and Morton Liftin. Harry D. Ruddiman argued the cause for respondents. ...
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delivered the opinion of the Court. Each of the three petitioners is confined in an Illinois penitentiary following conviction of serious crimes. Petitioners’ factual allegations need not be described, except to note petitioners’ specific claims that confessions introduced at their trials were wrung from them by force and violence. Although such allegations set forth a prima facie violation of fed...
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delivered the opinion of the Court. The question in this case is whether the Secretary of Health and Human Services may deny a claim for Social Security disability benefits on the basis of a determination that the claimant does not suffer from a medically severe impairment that significantly limits the claimant’s ability to perform basic work activities. *140h-i Title II of the Social Security Act...
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delivered the opinion of the Court. Petitioners asked equitable relief from the Federal District Court to prevent the fruit of an unlawful search by New Jersey police from being used in evidence in a State *118criminal trial. The suit was brought under R. S. § 1979, 8 U. S. C. § 43, providing for redress against “Every person who, under color of any statute, ordinance, regulation, custom, or usage...
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delivered the opinion of the Court. Shortly after petitioner and respondent were married on February 5, 1943, respondent discovered that petitioner was the lawful wife of one Mann. At that time petitioner and respondent were living in Virginia and agreed that petitioner would go to Florida and obtain there a divorce from Mann, so that they could be remarried. That course *127was followed, responde...
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delivered the opinion of the Court. This case involves financial instruments commonly known as “Ginnie Maes.” These instruments are issued by private financial institutions, which are obliged to make timely payment of the principal and interest as set forth in the certificates. The Government National Mortgage Association (GNMA) guarantees that the payments will be made as scheduled. The q...
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Opinion of the Court by announced by Mr. Justice Frankfurter. This Court has repeatedly held that the Due Process Clause of the Fourteenth Amendment requires states to afford defendants assistance of counsel in noncapital criminal cases when there are special circumstances showing that without a lawyer a defendant could not have an adequate and a fair defense.* Petitioner, a prisoner in a Pennsylv...
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delivered the opinion of the Court. The principal question here is whether a newspaper publisher’s conduct constituted an attempt to monopolize interstate commerce, justifying the injunction issued against it under §§ 2 and 4 of the Sherman Antitrust Act. 1 For the reasons hereafter stated, we hold that the injunction was justified. *145 This is a civil action, ins...
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delivered the opinion of the Court. The issue in this case is whether title to the bed of Utah Lake passed to the State of Utah under the equal footing doctrine upon Utah’s admission to the Union in 1896. I-H ...
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The United States brought this action under the Veterans’ Emergency Housing Act of 1946 1 to compel restitution of allegedly excessive prices charged by respondents in the sale of two houses. The District Court entered judgment for respondents, 89 F. Supp.708, and the Court of Appeals for the First Circuit affirmed, 185 F. 2d 608. We granted certiorari, 341 U. S. 925. *161 Maximum sales pri...
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Petitioners brought suit in the District Court for the District of Columbia to restrain on constitutional grounds the enforcement of certain legislation passed by Congress for the administration of the District of Columbia school system. Petitioners’ request that a court of three judges be convened under Section 2282 of the Judicial Code 1 was denied. Subsequently, the motion of defendant schoo...
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delivered the opinion of the Court. - Having “some information that [the petitioner here] was selling narcotics,” three deputy sheriffs of the County of Los Angeles, on the morning of July 1, 1949, made for the two-story dwelling house in which Rochin lived with his mother, commonrlaw wife, brothers and sisters. Finding,the outside door open, they entered and then forced open the door to Rochin’s ...
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482 U.S. 220 (1987) SHEARSON/AMERICAN EXPRESS INC. ET AL. v. MCMAHON ET AL. No. 86-44. Supreme Court of United States. Argued March 3, 1987 Decided June 8, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *222 Theodore A. Krebsbach argued the cause and filed briefs for petitioners. Richard G. Taranto argued the cause for the United States as amicus curiae urging revers...
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delivered the opinion of the Court. . The C-O-Two Fire Equipment Company, the respondent here, owns two patents, one issued on November 23, 1948, and the other reissued on August 23, 1949, for squeeze-grip valves and discharge heads for portable fire extinguishers. C-O-Two, incorporated in Delaware, has offices in Newark, New Jersey. On January 17, 1950, it commenced in the District Court ...
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delivered .the opinion of the Court. Petitioner brought suit under the Jones Act 1 to recover damages for the death of her intestate son from injuries sustained during the. course of his employment by respondent. The Court of Appeals for the Seventh Circuit reversed the judgment of the District Court entered on a jury’s verdict in petitioner’s favor. 2 This Court granted certiorari. 3 R...
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342 U.S. 193 (1952) UNITED STATES v. KELLY ET AL. No. 209. Supreme Court of United States. Argued November 30, 1951. Decided January 2, 1952. CERTIORARI TO THE COURT OF CLAIMS. Saul R. Gamer argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge, Paul A. Sweeney and Herman Marcuse. Henry J. Fox argued the cause and filed ...
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482 U.S. 270 (1987) INTERSTATE COMMERCE COMMISSION v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS ET AL. No. 85-792. Supreme Court of United States. Argued November 10, 1986 Decided June 8, 1987[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT *272 Henri F. Rush argued the cause for petitioner in No. 85-792. With him on the briefs were Solicitor General Fried, Depu...
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342 U.S. 197 (1952) PILLSBURY ET AL., DEPUTY COMMISSIONERS, v. UNITED ENGINEERING CO. ET AL. No. 229. Supreme Court of United States. Argued December 6, 1951. Decided January 2, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Samuel D. Slade argued the cause for petitioners. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge, L...
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delivered the opinion of the Court. In its 19.48 revision of the Judicial Code, Congress provided that prisoners in custody under sentence of a fe'd *207 eral court may move the sentencing court ot “Vacate, set aside or correct any sentence subject to collateral attack. 28 U. S. C. (Supp. IV) § 2255. 1 *208 Respondent, confined, at the McNeil Island penitentiary in the Western District ...
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482 U.S. 304 (1987) FIRST ENGLISH EVANGELICAL LUTHERAN CHURCH OF GLENDALE v. COUNTY OF LOS ANGELES, CALIFORNIA No. 85-1199. Supreme Court of United States. Argued January 14, 1987 Decided June 9, 1987 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT *305 Michael M. Berger argued the cause for appellant. With him on the briefs was Jerrold A. Fadem. *306 Jack R. White argued...
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delivered the opinion of the Court. Appellee Smith (No. 20) was indicted October 2, 1950, for having on or about July 1, 1947, forged the name of the payee on a check drawn on the Treasurer of the United States. *226Appellee Dailey (No. 162) was indicted September 29, 1950, for having on or about March 14, 1947, knowingly made a false statement in connection with his application for Farmers Home A...
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delivered the opinion of the Court. The Retailers’ Sales Tax Act of Tennessee, Tenn. Acts 1947, c. 3, imposes a sales tax on the sale of goods in Tennessee and a use tax on the use within the state of goods purchased elsewhere. Tennessee collected these taxes' from respondents who paid them under protest and then brought these suits to recover them and to enjoin future collections. Two of ...
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delivered the opinion of the Court. In the spring of 1947, respondent purchased certain properties for the manufacture of lumber, including a sawmill at Juneau, Alaska, and commenced operations. Shortly thereafter, the International Woodworkers of America requested negotiation of' a contract with respondent, claiming representation of a majority of respondent’s employees. A bargaining agreement...
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482 U.S. 342 (1987) O'LONE, ADMINISTRATOR, LEESBURG PRISON COMPLEX, ET AL. v. ESTATE OF SHABAZZ ET AL. No. 85-1722. Supreme Court of United States. Argued March 24, 1987 Decided June 9, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT *343 Laurie M. Hodian, Deputy Attorney General of New Jersey, argued the cause for petitioners. With her on the briefs were W. Cary Edwar...
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delivered the opinion of the Court. This would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried and submitted to the jury as to raise questions both fundamental and far-reaching in federal criminal law, for which reason we granted certiorari. 1 On a large tract of uninhabited and untilled land in a wooded and sparsely p...
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with whom The Chief Justice and Justice Scalia join, dissenting. Relying on semantics and ignoring altogether the sweeping discretion granted to the Board of Pardons by Montana law, the Court today concludes that respondents had a legitimate expectation of parole sufficient to give rise to an interest protected by procedural due process. Because I conclude that the discretion accorded the Board of...
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delivered the opinion of the Court. Appellee was indicted on eight counts in the District Court for the Eastern District of Wisconsin for violation of § 213 of the Criminal Code of 1909, 35 Stat. 1129-1130, 18 U. S. C. § 336. The District Court granted appellee’s motion to dismiss the indictment, and the United States *278 appealed directly to this Court, pursuant to 18 U. S. C. (Supp. IV) § ...
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delivered the opinion of the Court. Halcyon Lines 1 hired the Haenn Ship Ceiling and Refitting Corporation 2 to make repair's on Halcyon’s ship which was moored in navigable waters. Salvador Baccile, an employee of Haenn, was injured aboard ship while engaged in making these repairs. Alleging that his injuries were caused by Halcyon’s negligence and the unseaworthines...
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delivered the opinion of the Court. The question for decision is whether respondents’ state-law complaint for breach of individual employment contracts is completely pre-empted by §301 of the Labor Management Relations Act, 1947 (LMRA), 61 Stat. 156, 29 U. S. C. § 185, and therefore removable to Federal District Court. h-i At various times between 1956 and 1968, Caterpillar Tract...
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delivered the opinion of the Court. This case brought here on writ of certiorari1 tests the validity under the Anti-Assignment Act, R. S. § 3477,2 of an assignment of a claim against the United States for property damage. In an effort to escape the prohibition of that Act, respondents joined their assignors, Mrs. Kathleen Boshamer et al.,3 as well as the United States as parties defendant. The Dis...
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delivered the opinion of the Court. At issue in this case are the limits imposed by federal law upon state court habeas corpus proceedings challenging an extradition warrant. I Richard and Judith Smolin were divorced in California in 1978. Sole custody of their two children, Jennifer and Jamie, was awarded to Judith Smolin, subject to reasonable visitation rights for Richard. Until November 1979, ...
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342 U.S. 299 (1952) GEORGIA RAILROAD & BANKING CO. v. REDWINE, STATE REVENUE COMMISSIONER. No. 1. Supreme Court of United States. Argued February 13, 1950. Continued February 20, 1950. Reargued November 26, 1951. Decided January 28, 1952. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA. *300 Furman Smith argued the cause for appellant. With him on the briefs ...
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delivered the opinion of the Court. This is a case brought under § 9 (a) of the Trading with the Enemy Act, 40 Stat. 411, as amended, 50 U. S. C. App. § 1 et seq.,1 to recover property vested by the Alien Property Custodian. The District Court granted the Government’s motion to dismiss, holding that plaintiff, *310while not “resident within” Germany within the meaning of § 2 of the Act, , and thus...
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delivered the opinion of the Court. At the time petitioner committed the crime for which he was convicted, Florida’s sentencing guidelines would have resulted in a presumptive sentence of 314 to 414 years’ imprisonment. At the time petitioner was sentenced, the revised guidelines called for a presumptive sentence of 514 to 7 years in prison. The trial court applied the guidelines in effect at t...
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delivered the opinion of the Court. In this suit the Attorney General of the United States as successor to the Alien Property Custodian1 seeks payment by petitioners of two 5% gold debentures of the face value of $1,000 each and payable to bearer. Petitioner Cities Service Company is obligor on the debentures and petitioner Chase National Bank of New York is the indenture trustee, v The obligation...
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Ct. App. Tex., 1st Dist. Certiorari dismissed under this Court’s Rule 53....
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delivered the opinion of the Court. The petitioner is charged with the violation of a regulation promulgated by the Interstate Commerce Commission under 18 U. S. C. § 835.1 The. Regulation provides: “Drivers of motor vehicles transporting any explosive, inflammable liquid, inflammable compressed *339gas, or poisonous gas shall avoid, so far as practicable, and, where feasible, by prearrangement of...
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Appeal from Ct. App. Ky. dismissed for want of substantial federal question....
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C. A. 3d Cir. [Certiorari granted, 479 U. S. 1063.] Motion of American Civil Liberties Union Foundation et al. for leave to file a brief as amici curiae granted....
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C. A. 6th Cir. [Certiorari granted, 479 U. S. 1083.] Motion of the Solicitor General for leave to participate in oral argument as'ami-cus curiae and for divided argument denied. The Chief Justice took no part in the consideration or decision of this motion....
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It is ordered that Emil Oxfeld, of South Orange, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable *904within 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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C. A. 9th Cir. [Certiorari granted, 479 U. S. 1083.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
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Appeal from Sup. Ct. Fla. The Solicitor General is invited to file a brief in this case expressing the views of the United States....
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C. A. 5th Cir. Application for stay, presented to Justice White, and by him referred to the Court, denied. Justice Brennan would grant the application....
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C. A. 3d Cir. 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. Fed. Cir. Motion of Kingdom of the Netherlands for leave to file a brief as amicus curiae granted. Certiorari denied....
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*909481 U. S. 1004; 481 U. S. 1019; *910No. 86-6401. No. 86-6417. No. 86-6450. No. 86-6607. 481 U. S. 1020; 481 U. S. 1020; 481 U. S. 1021; and 481 U. S. 1012. Petitions for rehearing denied....
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delivered the opinion of the Court. In these two consolidated cases we address the power of federal courts to require a losing party to pay the compensation of the winner’s expert witnesses. In No. 86-322, respondent J. T. Gibbons, Inc., sued petitioner Crawford Fitting Co. and other petitioners for alleged violations of the *439antitrust laws. The District Court directed a verdict in favor of pet...
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On February 1, 1942, pursuant to the Alien Enemy Act of 1798, as amended, 1 the Attorney. General of the United States interned petitioner, a German citizen residing in this country. On May 3, 1946, acting under the same *348 statute, the Attorney General directed petitioner’s removal to Germany. Thereafter, petitioner applied for a writ of habeas corpus in the District Court for the Eastern ...
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Appellant Negro school children brought this action in the Federal District Court to enjoin appellee school officials from making any distinctions based upon race or color in providing educational facilities for School District No. 22, Clarendon County, South Carolina. As the b'asis for their complaint, appellants alleged that equal •facilities are not provided for Negro pupils aAd that those con...
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Opinion of the Court by announced by Mr. Justice Douglas. A three-judge District Court has construed certainsprovisións of a Sherman Act Consent decree as compelling the sale of certain moving picture stocks owned by the appellant Hughes. This clise is properly here on appeal from an order entered to compel the sale. 15 U. S. C. (Supp. IV). § 29. These anti-trust proceedings were originally...
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342 U.S. 359 (1952) DICE v. AKRON, CANTON & YOUNGSTOWN RAILROAD CO. No. 374. Supreme Court of United States. Argued December 3-4, 1951. Decided February 4, 1952. CERTIORARI TO THE SUPREME COURT OF OHIO. Rice A. Hershey argued the cause for petitioner. With him on the brief was Frederic O. Hatch. William A. Kelly argued the cause for respondent. With him on the brief were Cletus G. Roetzel and...
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delivered the opinion of the Court. This case presents the question whether a municipal ordinance that makes it unlawful to interrupt a police officer in the performance of his or her duties is unconstitutionally overbroad under the First Amendment. I — I Appellee Raymond Wayne Hill is a lifelong resident of Houston, Texas. At the time this lawsuit began, he worked as a paralegal and as executive ...
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delivered the opinion of the Court. This suit against New Wrinkle, Inc., and The Kay & Ess Co. was instituted in the United States District Court for the Southern District of Ohio by the United States, as a civil proceeding under § 4 óf the Sherman Act. 1 Defendants are charged with having violated § 1 of that law 2 by conspiring to fix uniform minimum prices and to e...
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482 U.S. 483 (1987) PERRY ET AL. v. THOMAS No. 86-566. Supreme Court of United States. Argued April 28, 1987 Decided June 15, 1987 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT *484 Peter Brown Dolan argued the cause for appellants. With him on the briefs was Maren E. Nelson. Bruce Gelber argued the cause and filed a brief for appellee. JUSTICE MARSHALL delivered the op...
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342 U.S. 382 (1952) STANDARD OIL CO. v. PECK, TAX COMMISSIONER, ET AL. No. 184. Supreme Court of United States. Argued January 3-4, 1952. Decided February 4, 1952. APPEAL FROM THE SUPREME COURT OF OHIO. Isador Grossman and Rufus S. Day, Jr. argued the cause and filed a brief for appellant. Isadore Topper argued the cause for appellees. With him on the brief were C. William O'Neill, Attorney Gener...
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342 U.S. 389 (1952) MEMPHIS STEAM LAUNDRY CLEANER, INC. v. STONE, CHAIRMAN, STATE TAX COMMISSION. No. 253. Supreme Court of United States. Argued December 3, 1951. Decided March 3, 1952. APPEAL FROM THE SUPREME COURT OF MISSISSIPPI. C. E. Clifton argued the cause for appellant. With him on the brief were W. H. Watkins, Sr., P. H. Eager, Jr. and Thomas H. Watkins. J. H. Sumrall submitted on brief ...
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482 U.S. 496 (1987) BOOTH v. MARYLAND No. 86-5020. Supreme Court of United States. Argued March 24, 1987 Decided June 15, 1987 CERTIORARI TO THE COURT OF APPEALS OF MARYLAND *497 George E. Burns, Jr., argued the cause for petitioner. With him on the brief were Alan H. Murrell and Julia Doyle Bernhardt. Charles O. Monk II, Deputy Attorney General of Maryland, argued the cause for respondent. With ...
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whom Mr. Justice Minton joins, concurring in the result. I part company with the Court as to the road we will' travel to reach a destination where all agree we will stop, at least for the night: But sometimes the path that we are beating out by our travel is more important to the future wayfarer than the place in which we choose to lodge. *399There are two possible routes to the agreed destination...
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delivered the opinion of the Court. By reason of a divorce in an Illinois state court, with a judgment for monthly installments of alimony until remarriage, petitioner asserts that her divorced husband, the respondent Leib, is liable for unpaid installments of alimony. Asserting diversity jurisdiction, petitioner, a divorcee, filed suit in the United States District Court for the Southern District...
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delivered the opinion of the Court. The Territorial Legislature of Alaska, provided for the licensing of commercial fishermen in territorial waters, imposing a $5 license fee on resident fishermen and a $50 fee on nonresidents. Alaska Laws, 1949, c. 66. The Alaska Fishermen’s Union and its Secretary-Treasurer, on behalf of some 3,200 nonresident union members, brought this action in the Distric...
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482 U.S. 522 (1987) SOCIETE NATIONALE INDUSTRIELLE AEROSPATIALE ET AL. v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA No. 85-1695. Supreme Court of United States. Argued January 14, 1987 Decided June 15, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *523 John W. Ford argued the cause for petitioners. With him on the briefs were Stephen C. Johnson,...
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delivered the opinion of the Court. The United States, the Republic of France, and 15 other Nations have acceded to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, opened for signature, Mar. 18, 1970, 23 U. S. T. 2555, T. I. A. S. No. 7444.1 This Convention — sometimes referred to as the “Hague Convention” or the “Evidence Convention” — prescribes certain proc...
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delivered the opinion of the Court. Missouri has a statute, Mo. Rev. Stat., 1949, § 129.060, first enacted in 1897, which was designed to end the coercion of employees by employers in the exercise of the franchise. It provides that an employee may absent him*422self from his employment for four hours between the opening and closing of the polls without penalty, and that any employer who among othe...
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delivered the opinion of the Court. This action for a declaratory judgment on a question of federal constitutional law was prosecuted in the state courts of New Jersey. It sought to declare invalid a statute of that State which provides for the reading, without comment, of five verses of the Old Testament at the Opening of each public-school day. N. J. Rev. Stat., 1937, 18:14-77. No issue was rais...
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delivered the opinion of the Court. This case calls for an answer to the question whether the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States precludes Ohio from subjecting a foreign corporation to the jurisdiction of its courts in this action in personam. The corporation has been carrying on in Ohio a continuous and systematic, but limited, part of its gene...
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delivered the opinion of the Court. This action by dairy farmers, nonmembers of cooperative, associations, concerns 1941 amendments to an order, of the Secretary of Agriculture dealing with the marketing of milk in the Boston area. It was previously here as Stark v. Wickard, 321 U. S. 288 (1944), where it was held that the respondents had such an interest in the Order as to give them legal standin...
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482 U.S. 569 (1987) BOARD OF AIRPORT COMMISSIONERS OF THE CITY OF LOS ANGELES ET AL. v. JEWS FOR JESUS, INC., ET AL. No. 86-104. Supreme Court of United States. Argued March 3, 1987 Decided June 15, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *570 James R. Kapel argued the cause for petitioners. With him on the briefs was James H. Pearson. Jay Alan Sekulow argued t...
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delivered the opinion of the Court.† The question for decision is whether Louisiana’s “Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction” Act (Creationism Act), La. Rev. Stat. Ann. §§17:286.1-17:286.7 (West 1982), is facially in*581valid as violative of the Establishment Clause of the First Amendment. I The Creationism Act forbids the teaching of the theory...
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with whom Mr. Justice Black concurs, dissenting. I have not been able to accept the recent doctrine that a citizen who enters the public service can be forced to sacrifice his civil-rights.* I cannot for example find in our constitutional scheme the power of a state to place its employees in the category of second-class citizens by denying them freedom of thought and expression. The Constitution g...
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delivered the opinion of the Court. Petitioner, a veteran employed as authorization officer in the Regional Office of the Veterans’ Administration in New Orleans, was removed from his position. He appealed under § 14 of the Veterans’ Preference Act of 1944 (5 U. S. C. (Sppp. IV) § 863) to the Tenth Regional Office of the United States Civil Service Commission in New Orleans. The Regional B...
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Appellants, on behalf of themselves and other Negroes “similarly situated,” sued in the District Court to enjoin appellees from alleged violations of the Fourteenth Amendment in refusing to admit Negroes to the Univer *518 sity of Tennessee. A three-judge cohrt, convened at appellants’ request, held that this case was not within the jurisdiction of a three-judge court under 28 U. S. C. (Supp. I...
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delivered the opinion of the Court, Acting as his own lawyer, 1 the respondent Shirley Collins brought this habeas corpus case in a United States *520 District Court seeking release from á Michigan state prison where he is serving a life sentence for murder. His petition alleges that while he was living in Chicago, Michigan officers forcibly seized, handcuffed, blackjacked and took him to M...
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delivered the opinion of the Court. These cases present a narrow question with several related issues. May the Attorney General, as the executive head of the Immigration and Naturalization Service,1 after taking into custody active alien Communists on warrants,2 charging either membership in a group that ad*527vocates the overthrow by force of this Government3 or inclusion in sny prohibited classe...
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delivered the opinion of the Court. The question for decision is whether a United States District Court may require that applicants for general admission *643to its bar either reside or maintain an office in the State where that court sits. I Petitioner David Frazier is an attorney having both his residence and his law office in Pascagoula, Mississippi. An experienced litigator, he is a member of ...
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482 U.S. 656 (1987) GOODMAN ET AL. v. LUKENS STEEL CO. ET AL. No. 85-1626. Supreme Court of United States. Argued April 1, 1987 Decided June 19, 1987[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT *658 Robert M. Weinberg argued the cause for petitioners in No. 85-2010 and for respondent Union in No. 85-1626. With him on the briefs were Julia Penny Clark, Michael H. Gott...
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342 U.S. 570 (1952) FAR EAST CONFERENCE ET AL. v. UNITED STATES ET AL. No. 15, Misc. Supreme Court of United States. Argued January 30, 1952. Decided March 10, 1952. CERTIORARI TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. *571 Elkan Turk argued the cause for the Far East Conference et al., petitioners. With him on the brief were John Milton and Seymour H. Kligler. John W. D...
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342 U.S. 580 (1952) HARISIADES v. SHAUGHNESSY, DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION. No. 43. Supreme Court of United States. Argued December 5, 1951. Decided March 10, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.[*]*581 Richard F. Watt argued the cause for petitioner in No. 43. With him on the brief was Walter F. Dodd. Jack Wasserman argued the cau...
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482 U.S. 691 (1987) NEW YORK v. BURGER No. 86-80. Supreme Court of United States. Argued February 23, 1987 Decided June 19, 1987 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK *693 Elizabeth Holtzman argued the cause for petitioner. With her on the briefs were Barbara D. Underwood and Leonard Joblove. Stephen R. Mahler argued the cause for respondent. With him on the brief was Perry S. Reich.[*] ...
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482 U.S. 730 (1987) KENTUCKY v. STINCER No. 86-572. Supreme Court of United States. Argued April 22, 1987 Decided June 19, 1987 CERTIORARI TO THE SUPREME COURT OF KENTUCKY *731 Penny R. Warren, Assistant Attorney General of Kentucky, argued the cause for petitioner. With her on the briefs were David L. Armstrong, Attorney General, and John S. Gillig, Assistant Attorney General. Mark A. Posnansky,...
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342 U.S. 852 72 S.Ct. 75 96 L.Ed. 643 Bruno A. KOEHLER and Hugo W. Ackermann, petitioners,v.UNITED STATES of America. No. 199. Supreme Court of the United States October 15, 1951 Messrs. Elbert R. Jandt and Ben F. Foster, for petitioners. Solicitor General Perlman, Assistant Attorney General McInerney and Mr. Robert S. Erdahl, for the United States. P...
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482 U.S. 755 (1987) HEWITT ET AL. v. HELMS No. 85-1630. Supreme Court of United States. Argued March 4, 1987 Decided June 19, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT *756 Thomas G. Saylor, Jr., First Deputy Attorney General of Pennsylvania, argued the cause for petitioners. With him on the briefs were LeRoy S. Zimmerman, Attorney General, Allen C. Warshaw, Exec...
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Appeal from Ct. App. N. Y. dismissed for want of substantial federal question....
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C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029.] Motion of United Mine Workers of America for leave to participate in oral argument as amicus curiae, for additional time for oral argument, and for divided argument denied....
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C. A. 5th Cir. Motion of petitioners to expedite consideration of the petition for writ of certiorari denied....
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C. A. 5th Cir. Certiorari granted....
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C. A. 9th Cir. Certio-rari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 10th Cir. Certiorari denied. Reported below: 804 F. 2d 592....
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C. A. 3d Cir. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 2d 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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C. A. 3d Cir. Certiorari denied....
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Ct. App. Okla. Certiorari denied....
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C. A. 4th Cir. Certiorari denied. Mr. Justice Frankfurter has filed an opinion in connection with the denial of the petition for writ of certiorari. Opinion of in connection with the denial of the petition for writ of certiorari. On more than one occasion I have indicated the inherent bars to stating, however briefly, the reasons fop denying petitions for certiorari. See, ...
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C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Shearson/American Express Inc. v. McMahon, ante, p. 220....
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C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Shearson/American Express Inc. v. McMahon, ante, p. 220....
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C. A. 5th Cir. Certiorari granted, judgment vacated, and case-remanded for further consideration in light of Shearson/American Express Inc. v. McMahon, ante, p. 220....
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C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Shearson/American Express Inc. v. McMahon, ante, p. 220....
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The motion of the Solicitor General to dispense with printing the joint appendix is granted....
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D. C. C. D. Cal. [Probable jurisdiction noted sub nom. United States v. Crocker National Bank, 481 U. S. 1047.] Motion of the Solicitor General to dispense with printing the joint appendix granted....
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C. A. 8th Cir. [Certiorari granted, 479 U. S. 1053.] Motion of Planned Parenthood Federation of America, Inc., et al. for leave to file a brief as amici curiae granted....
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C. A. 9th Cir. Motion of respondent Kenneth Julian for leave to proceed in forma pauperis granted. Certiorari granted....
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C. A. 6th Cir. Application for stay, addressed to The Chief Justice and referred to the Court, denied....
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C. A. 8th Cir. Certiorari before judgment denied....
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C. A. D. C. Cir. Certiorari denied. Reported below: 245 U. S. App. D. C. 311, 761 F. 2d 714....
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C. A. 3d Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 6th Cir. Cer-tiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Ct. App. Tex., 2d Dist. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Sup. Ct. N. H. Certiorari denied....
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C. A. 9th Cir. Certiorari denied. Justice White would grant certiorari....
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C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pendi...
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delivered the opinion of the Court. After a turbulent nine months of trial, eleven Communist Party leaders were convicted of violating the Smith Act.1 On receiving the verdict, the trial judge at once filed a certificate under Rule 42 (a), Fed. Rules Crim. Proc., finding petitioners guilty of criminal contempt and imposing various jail terms up to six months. Those sentenced were defense counsel, ...
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delivered the opinion of the Court. Petitioners, Thomas B. Lilly and Helen W. Lilly, his wife, were engaged in the optical business in North Carolina and Virginia in 1943 and 1944. Pursuant to agreements reflecting an established and widespread practice in that industry in those localities, they paid to the respective doctors, who prescribed the eyeglasses which they sold, one-third of the...
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delivered the opinion of the Court. Appellants, American citizens, are taxicab drivers. They were arrested by the Sheriff of San Diego County, California, and charged with driving taxicabs in the unincorporated area of San Diego County without a permit from the Sheriff as required by § 9 of Ordinance 464, the pertinent provisions of which are set forth in the margin.* The facts were stipulated wit...
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delivered the opinion of the Court. In 1941, petitioner was appointed a civilian fire chief at Camp Wheeler, Georgia, by a local army commander acting under authority delegated by the Secretary of War. In 1948, petitioner brought this action in the District Court to recover overtime compensation allegedly due for his services as fire chief. Jurisdiction to enter judgment against the United...
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delivered the opinion of the Court. The question here is whether, for federal income tax purposes, an individual taxpayer was entitled to deduct, from his gross income, an attorney’s fee paid for contesting the amount of his federal gift tax. For the reasons hereafter stated we hold that he was not. In 1940, Joseph T. Lykes, petitioner herein, gave to his wife and to each of his three children, re...
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343 U.S. 130 (1952) RUTKIN v. UNITED STATES. No. 195. Supreme Court of United States. Argued December 3, 1951. Decided March 24, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Jack L. Cohen argued the cause for petitioner. With him on the brief was Edward Halle. *131 Irving I. Axelrad argued the cause for the United States. With him on the brief were Solicitor Gener...
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343 U.S. 148 (1952) UNITED STATES v. HOOD ET AL. No. 426. Supreme Court of United States. Argued March 4, 1952. Decided March 31, 1952. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. Philip Elman argued the cause for the United States. Solicitor General Perlman, Assistant Attorney General *149 McInerney and Beatrice Rosenberg filed a brief for the United St...
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343 U.S. 154 72 S.Ct. 598 96 L.Ed. 852 RAYv.BLAIR. No. 649. Argued March 31, 1952. Decided April 3, 1952. Subsequent Opinion April 15, 1952. See 343 U.S. 214, 72 S.Ct. 654. Messrs. Marx Leva, Washington, D.C., Harold M. Cook, Birmingham, Ala., for petitioner. Mr. Horace C. Wilkinson, Birmingham, Ala., for respondent. PER CURIAM. ...
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343 U.S. 156 (1952) KAUFMAN ET AL. v. SOCIETE INTERNATIONALE POUR PARTICIPATIONS INDUSTRIELLES ET COMMERCIALES, S. A., ET AL. No. 172. Supreme Court of United States. Argued January 2, 1952. Decided April 7, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Irving Moskovitz argued the cause for petitioners. With him on the brief were William Radner, Henr...
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dissenting. The only thing certain about § 20 (c) of the Immigration Act of 1917, as amended, is that violation of its terms is a felony punishable by ten years’ imprisonment. An alien ordered deported by the Bureau of Immigration is subject to this ten-year penalty if he “willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure.” T...
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delivered the opinion of the Court. Petitioner has been convicted of first degree murder and sentenced to death. He asks this Court to reverse his conviction as wanting in that due process of law guaranteed against state encroachment by the Fourteenth Amendment. Petitioner claims (1) that his conviction was based in part on a coerced confession; (2) that a fair trial was impossible because of infl...
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delivered the opinion of the Court. Petitioner sued in the District Court for the District of Columbia for the return of certain of its property vested by the Alien Property Custodian in 1942 under the Trading with the Enemy Act of 1917, 40 Stat. 411, as amended by the First War Powers Act, 1941, 55 Stat. 839. The District Court found for the Custodian, 82 F. Supp. 602, and the Court of Ap...
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delivered the opinion of the Court. The Supreme Court of Alabama upheld a peremptory writ of mandamus requiring the petitioner, the chairman of that state’s Executive Committee of the Democratic Party, to certify respondent Edmund Blair, a member of that party, to the Secretary of State of Alabama as a candidate for Presidential Elector in the Democratic Primary to be held May 6,1952. Respondent B...
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delivered the opinion of the Court. Respondents are cargo owners1 who shipped goods on the steamship Nathaniel Bacon owned by petitioner, the United States, and operated as a common carrier of goods for hire. It collided with the Esso Belgium and respondents’ cargo was damaged. The ships were also damaged. This litigation was brought in the District Court to determine liability for the damages suf...
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343 U.S. 250 (1952) BEAUHARNAIS v. ILLINOIS. No. 118. Supreme Court of United States. Argued November 28, 1951. Decided April 28, 1952. CERTIORARI TO THE SUPREME COURT OF ILLINOIS. *251 Alfred A. Albert argued the cause for petitioner. With him on the brief was Herbert Monte Levy. William C. Wines, Assistant Attorney General of Illinois, argued the cause for respondent. With him on the brief were...
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dissenting. By way of emphasizing my agreement with Mr. Justice Jackson's dissent, I add a few words. The Court tells us that in the maintenance of its public schools, “[The State government] can close its doors or suspend its operations” so that its citizens may be free for religious devotions or instruction. If that were the issue, it would not rise to the dignity of a constitutional controversy...
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delivered the opinion of the Court. This is a direct appeal by the United States 1 from dismissal by the District Court 2 of its complaint seeking an injunction to prevent and restrain violations of §§ 1 and 2 of the Sherman Act. 26 Stat. 209, as amended, 15 U. S. C. §§ 1, 2. 3 Appellees are the Oregon State Medical Society, eight county medical societies, Oregon Physicians’ Service (an...
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delivered the opinion of the Court. The principal question here is whether a United States Court of the Allied High Commission for Germany had jurisdiction, in 1950, to try a civilian citizen of the United States, who was the dependent wife of a member of the United States Armed Forces, on a charge of murdering her husband in violation of § 211 of the German Criminal *343Code. The homicide occurre...
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delivered the opinion of the Court. On July 28, 1947, the appellant, Swift and Company, filed a complaint, later amended, before the Interstate Commerce Commission against the Atchison, Topeka and Santa Fe and other railroads, alleging that the charges on direct carload shipments of livestock1 from points outside Illinois to its proposed new plant in the Chicago Packingtown area are (1) unreasonab...
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These two appeals challenge the constitutionality of Okla. Stat., 1941 (Cum. Supp. 1949), Tit. 52, §§ 286.1-286.17, providing for unitized management of common sources of supply of oil and gas in Oklahoma. This statute was repealed by the Oklahoma Legislature on May 26, 1951, Okla. Laws 1951, c. 3a, § 16, p. 142, and we ordered the causes continued in order to determine the effect of this repea...
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On November 5,1951, we ordered this cause “continued for such period as will enable counsel for petitioner to secure a determination from the Supreme Court of California as to whether the judgment herein was intended to rest on an adequate independent state ground or whether decision of the federal claim was necessary to the judgment rendered.” 342 U. S. 33, 34 (1951). We have not yet been advi...
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343 U.S. 395 (1952) NATIONAL LABOR RELATIONS BOARD v. AMERICAN NATIONAL INSURANCE CO. No. 126. Supreme Court of United States. Argued March 4, 1952. Decided May 26, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. *396 Mozart G. Ratner argued the cause for petitioner. With him on the brief were Solicitor General Perlman, George J. Bott, David P. Findling and Marcel Ma...
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343 U.S. 414 (1952) PENNSYLVANIA WATER & POWER CO. ET AL. v. FEDERAL POWER COMMISSION ET AL. No. 428. Supreme Court of United States. Argued April 3-4, 1952. Decided May 26, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.[*]*415 Wilkie Bushby argued the cause for the Pennsylvania Water & Power Co. et al., petitioners in No. 428. With him on the...
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343 U.S. 427 (1952) JOHANSEN v. UNITED STATES. No. 401. Supreme Court of United States. Argued March 4, 1952. Decided May 26, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.[*]*428 Louis R. Harolds argued the cause for petitioner in No. 401. With him on the brief was William L. Standard. Abraham E. Freedman argued the cause and filed a brief for petitioner in No. 41...
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delivered the opinion of the Court. The United States brought this civil action under § 4 of the Sherman Act charging appellants and others with conspiring to restrain and monopolize interstate commerce in concrete block-making machinery in violation of §§ 1 and 2 of the Act, and charging appellants with monopolizing and attempting to monopolize the same industry in violation of § 2 of the Act....
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343 U.S. 451 (1952) PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA ET AL. v. POLLAK ET AL. No. 224. Supreme Court of United States. Argued March 3, 1952. Decided May 26, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.[*]*453 W. Theodore Pierson argued the cause for petitioners in No. 224 and respondents in No. 295. On the brief were Vernon E. ...
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delivered the opinion of the Court. In this case we granted cross-petitions for certiorari to review the decree of the Court of Appeals affirming, but refusing to enforce, a cease and desist order issued by the Federal Trade Commission to the Ruberoid Co. Ruberoid is one of the nation’s largest manufacturers of asphalt and asbestos roofing materials and allied products. The Commission found that R...
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delivered the opinion of the Court. The issue here is the constitutionality, under the First and Fourteenth Amendments, of a New York statute which permits the banning of motion picture films on the ground that they are “sacrilegious.” That statute makes it unlawful “to exhibit, or to sell, lease or lend for exhibition at any place of amusement for pay or in connection with any business in the sta...
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delivered the opinion of the Court. Petitioner was convicted of voluntary manslaughter for the fatal shooting of an eighteen-year-old woman in an altercation growing out of a business transaction. A second woman was wounded in the affray. At his trial, petitioner claimed that he killed the deceased in self-defense. The jury obviously did not believe him or it would not have found him guilty of vol...
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delivered the opinion of the Court. The sole question before the Court in this case concerns the content of the term “through route” as used in the Interstate Commerce Act. 1 The question arises out of a controversy as to the shipment of grain to market from points in Kansas on the Central Branch of the Missouri Pacific Railroad. From Lenora, Kansas, a typical origin point, gr...
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delivered the opinion of the Court. This is a suit to enjoin enforcement of an order of the Interstate Commerce Commission establishing joint rates over through routes. In this case, unlike Thompson v. United States, 343 U. S. 549 (decided this day), the through routes in question already exist since the carriers *564 concerned have continuously provided ...
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delivered the opinion of the Court. We are asked to decide whether the President was acting within his constitutional power when he issued an order directing the Secretary of Commerce to take possession of and operate most of the Nation’s steel mills. The mill owners argue that the President’s order amounts to lawmaking, a legislative function which the Constitution has expressly confided to the C...
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delivered the opinion of the Court. Petitioner is a musician and composer who between the years 1936 and 1939 composed a symphony. In 1945 Henry H. Reichhold, a philanthropist, established a music award offering $25,000, $5,000, and $2,500 for the three *712 best symphonic works written by native-born composers of this hemisphere. The terms of the offer provided that none of the compositions ...
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343 U.S. 717 (1952) KAWAKITA v. UNITED STATES. No. 570. Supreme Court of United States. Argued April 2-3, 1952. Decided June 2, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. *719 Morris Lavine and A. L. Wirin argued the cause for petitioner. With them on the brief was Fred Okrand. Oscar H. Davis argued the cause for the United States. With him on the brief were Sol...
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delivered the opinion of the Court. Petitioner was convicted on a two-count indictment, one charging the substantive offense of selling a pound of opium in violation of 21 U. S. C. §§ 173 and 174, the other conspiring to sell the opium in violation of 18 U. S. C. § 371. The Court of Appeals sustained the conviction by a divided court.1 We granted certiorari.2 The questions raised by petitioner hav...
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delivered the opinion of the Court. This case raises questions concerning the power of courts to protect Negro railroad employees from loss of their jobs under compulsion of a bargaining agreement which, to avoid a strike, the railroad made with an exclusively white man’s union. Respondent Simon Howard, a Frisco1 train employee for nearly forty years, *770brought this action on behalf of himself a...
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delivered the opinion of the Court. The question before us arises in an admiralty proceeding by a seaman against his employer to recover wages earned on a merchant vessel of United States registry. The question is whether the employer may set off against the seaman’s wages its expenditures for the medical care and hospitalization of another member of the crew necessitated by injuries infli...
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343 U.S. 790 (1952) LELAND v. OREGON. No. 176. Supreme Court of United States. Argued January 29, 1952. Decided June 9, 1952. APPEAL FROM THE SUPREME COURT OF OREGON. *791 Thomas H. Ryan argued the cause for appellant. With him on the brief was Harold L. Davidson. J. Raymond Carskadon and Charles Eugene Raymond argued the cause for appellee. With them on the brief was George Neuner, Attorney Gene...
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343 U.S. 808 (1952) CASEY ET AL. v. UNITED STATES. No. 379. Supreme Court of United States. Submitted March 3, 1952. Decided June 9, 1952. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. F. M. Reischling submitted on brief for petitioners. Solicitor General Perlman, Assistant Attorney General McInerney, James L. Morrisson, Beatrice Rosenberg and Murry Lee Randall submitted...
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343 U.S. 924 72 S.Ct. 665 96 L.Ed. 1335 ON LEEv.UNITED STATES of America. No. 543. Supreme Court of the United States April 21, 1952 Memorandum of Mr. Justice FRANKFURTER. 1 The rule governing the filing of amici briefs clearly implies that such briefs should be allowed to come before the Court not merely on the Court's exercise of judgment ...
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