Court : US Supreme Court
..... were issued are pledged to secure the collateral notes in the amounts indicated in the preceding table. by reason of an arrangement with the reconstruction finance corporation, detailed later in the section of this page 318 u. s. 457 opinion headed allocation of securities, b, p. 318 u. s. 485 infra, the distribution of ..... railroads unable to meet their obligations. [ footnote 10 ] the amendments of 1935 were primarily designed to cure defects disclosed by practical experience. [ footnote 11 ] both acts are bottomed upon the theory of debtor rehabilitation by adjustment of creditors' claims. such treatment was essential for embarrassed railroads, as ordinary bankruptcy liquidation or judicial sales were ..... of the debtor through november, 1942, which show for that part of the year income available for fixed charges of $10,309,517.18. [ footnote 1 ] sec. 77, bankruptcy act, reorganization of railroads, 47 stat. 1474, as amended, 11 u.s.c. 205; in re western pacific r. co., 124 f.2d 136; in re .....
Tag this Judgment!Court : US Supreme Court
..... disputes except under conditions not here relevant. the question before a court of equity, therefore, is whether a case presents a labor dispute as defined by the act. section 13(c) defines "labor disputes": "the term 'labor dispute' includes any controversy concerning terms or conditions of employment . . . regardless of whether or not ..... ) becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in section 3 of this act;" "(c) paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or ..... statute or a rule of law which, without express reference to the united states, made that remedy generally unavailable. [ footnote 24 ] "sec. 2. in the interpretation of this act and in determining the jurisdiction and authority of the courts of the united states, as such jurisdiction and authority are herein defined and limited .....
Tag this Judgment!Court : US Supreme Court
..... of union fines or to establish standards with respect to a fine's reasonableness. page 412 u. s. 71 section 8(b)(1)(a) of the act provide, in pertinent part, that it shall be an unfair labor practice for a labor organization "to restrain or ..... traditional internal union discipline in general, or disciplinary fines in particular. on the contrary, there are a number of assurances by its sponsors that the section was not meant to regulate the internal affairs of unions. " 388 u.s. at 388 u. s. 185 -186 (emphasis added). ..... reasonable." [ footnote 14 ] scofield v. nlrb, 394 u.s. at 394 u. s. 429 ; nlrb v. marine workers, 391 u. s. 418 (1968). [ footnote 15 ] machinists, local lodge 504 (arrow development co.), 185 n.l.r.b. 365, 638, 75 l.r.r.m. 1008, 1011 ..... m. 2433 (wis.sup.ct.1971) ($100 fine deemed reasonable); farnum v. kurtz, 70 l.r.r.m. 2035 (los angeles mun.ct.1968) ($592 fine deemed unreasonable and reduced to $100); mccauley v. federation of musicians, 26 l.r.r.m. 2304 (pa.ct. of common .....
Tag this Judgment!Court : US Supreme Court
..... 1635, 1637 1639, and it prescribes civil liability for any creditor who fails to do so, see 1640. as originally enacted in 1968, the act provided for statutory damages of twice the finance charge in connection with the transaction, except that recovery could not be less than $100 or greater than $1,000.[ footnote ..... (d) clauses (starting with (i)) . house legislative counsel s manual on drafting style, hlc no. 104 1, p. 24 (1995). the senate manual similarly provides: a section is subdivided and indented as follows: (a) subsection. (1) paragraph. (a) subparagraph. (i) clause. senate office of the legislative counsel, legislative drafting manual 10 (1997).[ footnote ..... point to the same conclusion: the $1,000 cap applies to recoveries under clause (i). congress ordinarily adheres to a hierarchical scheme in subdividing statutory sections. see l. filson, the legislative drafter s desk reference 222 (1992) (hereinafter desk reference). this hierarchy is set forth in drafting manuals prepared by .....
Tag this Judgment!Court : US Supreme Court
..... certain fees related to real estate.] (8) discounts offered to induce payment for a purchase by cash, check, or other means, as provided in section 167(b) of the act. 226.4(c) (emphasis added). the board adopted the regulation to emphasize disclosures that are relevant to credit decisions, as opposed to disclosures related ..... additional credit, exceeding a predetermined credit limit, that creditors grant. under the court of appeals reasoning, a penalty imposed due to a unilateral act of default would not constitute a finance charge. id., at 530 531. respondent alleged in her complaint, however, that petitioners allowed [her] to make charges and/or assessed ..... effectuate [tila s] purposes , to prevent circumvention or evasion thereof, or to facilitate compliance therewith. the board s regulation z interprets 1605(a) s finance charge definition to exclude charges for exceeding a credit limit (over-limit fees). respondent holds a credit card issued by one of the petitioner financial institutions .....
Tag this Judgment!Court : US Supreme Court
..... years, congressional races had been subject to statutory limits on both expenditures and contributions. see 37 stat. 28; federal corrupt practices act of 1925, 43 stat. 1073; federal election campaign finance act of 1971, 86 stat. 5; federal election campaign act amendments of 1974, 88 stat. 1263; united states v. automobile workers, 352 u. s. 567 , 575 576 ( ..... have changed buckley s result. the buckley court was aware of the connection between expenditure limits and a reduction in fundraising time. in a section of the opinion dealing with feca s public financing provisions, it wrote that congress was trying to free candidates from the rigors of fundraising. 424 u. s., at 91; see also id ..... judgment. i concur in the judgment and join in justice breyer s opinion except for parts ii b 1 and ii b 2. contrary to the suggestion of those sections, respondents primary defense of vermont s expenditure limits is that those limits are consistent with buckley v. valeo, 424 u. s. 1 (1976) (per curiam) .....
Tag this Judgment!Court : US Supreme Court
..... district attorney for executions, and that he is not liable for omitting to do so. the next question will depend upon the construction to be given to the second section of the act of congress of 3 march, 1801, burch 233, which declares that all fines, penalties, and forfeitures accruing under the laws of the states of maryland and virginia, ..... or which it is alleged ought to have been collected by the marshal and paid over to the levy court, under the provisions of the second section of the act of congress, supplementary to the act entitled, "an act concerning the district of columbia," passed 3 march, 1801. burch's dig. 233. the account containing the claim on the part of the ..... upon the question whether it was the marshal's duty to apply to the district attorney for executions, and his duty to issue them on such application. the second section of the maryland act of 1795, ch. 74, declares, that it shall and may be lawful for the attorney general page 30 u. s. 453 of this state, or either .....
Tag this Judgment!Court : US Supreme Court
..... s. 392 et seq. neither the statute nor the charter explicitly rendered the credit corporation amenable to suit, but, among the corporate powers granted the finance corporation by the act creating it was authority "to sue and be sued, to complain and to defend, in any court of competent jurisdiction, state or federal." 2. whether ..... 5, 6. when later congress authorized reconstruction to create these regional agricultural credit corporations, it did so by page 306 u. s. 393 outlining in a single section of a comprehensive statute the broad scope of this added power for reconstruction. 47 stat. 709, 713. [ footnote 6 ] congress naturally assumed that the general ..... v. u.s. fleet corp., supra, in which the fleet corporation was found subject to suit although congress authorized its creation through the president. [ footnote 6 ] section 201(e) of the statute, providing for regional agricultural credit corporations, covers less than half a page of a fifteen-page statute. [ footnote 7 ] see, e .....
Tag this Judgment!Court : US Supreme Court
..... workmen's compensation, the appellant relies heavily on a statement made by a representative of the council of state chambers of commerce to the senate committee on finance: "a matter of equal concern is the impact of federal disability payments on state workmen's compensation programs. legislative proposals have been offered in several ..... the only basis for the classification established by 224 lay in the characterization of workmen's compensation as a "public benefit." because the state program was financed by employer contributions, rather than by taxes, the court held that the "public" characterization afforded no rational basis to distinguish workmen's compensation from private ..... children, had so qualified in 1968 when he broke his neck while employed by the pocationtas fuel co. in lynco, west virginia. indeed, his application for such benefits has been approved, and the benefits authorized and paid. page 404 u. s. 85 section 224 of the social security act, however, requires that these .....
Tag this Judgment!Court : US Supreme Court
..... have reasoned that the statement notifying the buyer that the contract was, upon acceptance, assigned to fmcc served the purpose of the act by disclosing the nature of the relationship of the finance company to the transaction. it was unnecessary precisely to characterize fmcc as a "creditor." contrary to the court below, we agree ..... [ footnote 3 ] each dealer arranged for the extension of credit, but fmcc actually extended the credit. the facts negate any suggestion that the dealers anticipated financing any of these transactions. the sales were contingent upon fmcc's approval of the creditworthiness of the buyer. the acceptance of the contract and the assignment became ..... have limited the applicability of 1614 to those subsequent assignees not "in a continuing business relationship with the original creditor." 114 cong.rec. 1611 (1968). the failure to adopt this provision, in petitioner's view, indicates an intent to confer upon a financial institution that maintains a continuing business .....
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