Court : US Supreme Court
..... one of the first to come before us in which the government's complaint is based upon allegations that the appellant has violated 7 of the clayton act, as that section was amended in 1950. [ footnote 18 ] the amendments adopted in 1950 culminated extensive efforts over a number of years, on the parts of both ..... and "wohl plan" stores were located. although such stores were not owned or directly controlled by brown, did not sell brown products exclusively, and did not finance inventory through brown, we believe there was adequate evidence before the district court to support its finding that such stores were "brown stores." to such stores, brown ..... distribution, we believe they provide an adequate basis upon which to gauge brown sales through outlets it controlled. particularly as the franchise stores were required to finance their own inventory, does it seem reasonable to conclude that most of their purchases from brown's distributors were eventually resold. in summary, although appellant may .....
Tag this Judgment!Court : US Supreme Court
..... of certiorari is denied. mr. justice white, with whom mr. justice blackmun joins, dissenting. respectfully, i dissent from the denial of certiorari. i section 223 of the motor carrier act, 49 stat. 565, 49 u.s.c. 323, prohibits a common carrier by motor vehicle from delivering freight transported in interstate commerce until all tariff ..... should be granted is whether the decision below conflicts with another decision: is the federal law, statutory or constitutional, being interpreted and enforced differently in different sections of the country? this has been an important criterion for the exercise of the court's powers since most of the court's jurisdiction was made discretionary ..... in the first term of chief justice warren's tenure (o.t.1953), for example, this court announced 65 signed opinions; his final (1968) term, 99; with an average of 96, 1953 to 1968 inclusive. the average, 1969 through 1977, was 125. footnote 2 other members, of the committee were: alexander m. bickel, peter d. .....
Tag this Judgment!Court : US Supreme Court
..... 4 20. (a) the meaning of contract, combination , or, conspiracy in 1 of the sherman act is informed by the act s basic distinction between concerted and independent action. copperweld corp. v. independence tube corp. , 467 u. s. 752 , 767. section 1 treat[s] concerted behavior more strictly than unilateral behavior, id. , at 768, because, ..... concerted and independent action that distinguishes 1 of the sherman act from 2. copperweld , 467 u. s., at 767 (quoting monsanto co. v. spray-rite service corp. , 465 u. s. 752 , 761 (1984)). section 1 applies only to concerted action that restrains trade. section 2, by contrast, covers both concerted and independent action, ..... v. yellow cab co. , 332 u. s. 218 (1947), we observed that corporate interrelationships are not determinitive of the applicability of the sherman act because the act is aimed at substance rather than form. id. , at 227. we nonetheless held that cooperation between legally separate entities was necessarily covered by 1 because .....
Tag this Judgment!Court : US Supreme Court
..... settling the accounts of the principal defendant unless the same had been previously approved by the secretary of the treasury under the second proviso in the twenty-fifth section of the act prescribing the compensation to be allowed to the collectors of internal revenue. 13 stat. 232. authority is there given to the secretary of the treasury to make ..... and must be proved to be just and legal before it can be allowed. equitable claims for credit, if falling within the latter clause of the fourth section of that act, may be admitted at the trial of such a suit though never presented to and disallowed at the treasury, but the presentation of such a claim will ..... (1875) hall v. united states 91 u.s. 559 error to the circuit court of the united states for the district of minnesota syllabus 1. the twenty-fifth section of the act of june 30, 1864, 13 stat. 231, authorizes the secretary of the treasury to make, in his discretion, just and reasonable allowances to collectors of internal revenue .....
Tag this Judgment!Court : US Supreme Court
..... v. frisbie, 25 mich. 476, and others, but we think that the former cases are founded on the better reason. the assignee, by the fourteenth section of the bankrupt act, rev.stat. sec. 5046, becomes invested with all the bankrupt's rights of action for property and actions arising from contract or the unlawful taking or detention of or injury to ..... subsequently affirmed both by the general term of the supreme court and by the court of appeals. this judgment is brought here by writ of error under the second section of the act of feb. 5, 1867, 14 stat. 385. page 93 u. s. 133 mr. justice bradley delivered the opinion of the court. the point principally relied on ..... of kings, by julius houseman, as page 93 u. s. 131 assignee in bankruptcy of comstock and young, against horace b. claflin, under the thirty-fifth section of the bankrupt act to recover the sum of $1,935.57, with interest, being the amount collected by claflin on a judgment against the bankrupts, recovered within four months before the .....
Tag this Judgment!Court : US Supreme Court
..... proceeding before "a justice, judge, or commissioner." these are the words used in section twelve of the act of 1882, section twelve of the act of 1884, section thirteen of the act of 1888 and section three of the act of 1892, while the first section page 186 u. s. 200 of the act of march 3, 1901, explicitly authorizes the district attorney to designate the commissioner ..... chinese person to come into the united states who may not have been permitted to land from any vessel by reason of any of the provisions of this act." by section one of the act of may 5, 1892, 27 stat. 25, c. 60, it was provided: "that all laws now in force prohibiting and regulating the coming into this ..... treaty of november 17, 1880, to go from or come to the united states of their free will and accord in order to identify them. the twelfth section of the act was as follows: "that no chinese person shall be permitted to enter the united states by land without producing to the proper officer of customs the certificate in .....
Tag this Judgment!Court : US Supreme Court
..... designed to abolish all remedies which might exist against a private company for torts committed during its operation of government vessels under agency agreements. sec. 1 of the suits in admiralty act provides that no vessel owned by the united states or a governmental corporation or "operated by or for the united states or such corporation ..... corporate facilities [ footnote 2 ] in the broadening phases of federal activities in the commercial or business field, immunity from suit is not favored. keifer & keifer v. reconstruction finance corp., 306 u. s. 381 ; federal housing administration v. burr, 309 u. s. 242 . congress adopted that policy when it made corporations wholly owned by the ..... the power to grant or withhold immunity from suit on behalf of governmental corporations is plain. federal land bank v. priddy, 295 u. s. 229 ; reconstruction finance corp. v. menihan corp., 312 u. s. 81 . we may also assume that it would have the power to grant immunity to private operators of government .....
Tag this Judgment!Court : US Supreme Court
..... 444 u. s. 596 in 1972, a new 1104(a)(3), 86 stat. 911, 46 u.s.c. 1274(a)(3), was added to the act. as originally proposed, the section provided that the agency could aid in financing repayment of any amount of construction differential subsidy paid with respect to a vessel pursuant to title v of this ..... act . . . in order to release such vessel from all restrictions imposed as a result of the payment of [that] subsidy. . . . [ footnote 43 ] as enacted, the section did not include the language ..... be extended to all instances of subsidy repayments under title v, so as to include the relatively frequent situation of repayments under the first sentence of section 506 of the act. your committee has therefore amended the legislation by deleting the language [relating to release from all restrictions]. this paragraph in title xi does not in .....
Tag this Judgment!Court : US Supreme Court
..... ." id. at 404 u. s. 251 . see also damico v. california, 389 u. s. 416 (1967); houghton v. shafer, 392 u. s. 639 , 392 u. s. 640 (1968); steffel v. thompson, 415 u. s. 452 ,4 415 u. s. 72 -473 (1974). thus, we have two divergent lines of authority respecting access to federal courts for adjudication of ..... jurisdiction: principally large out-of-state corporations. the legislative history of the tax injunction act makes plain congress' page 454 u. s. 130 concern with this disparity, and its effect on local finances. in introducing the bill that ultimately became the tax injunction act, senator bone explained: "the existing practice of the federal courts to entertain tax injunction ..... be limited to the actions enumerated in those sections. see h.r.rep. no. 1503, 75th cong., 1st sess., 1 (1937); 81 cong.rec. 1415 (1937) (remarks of sen. bone). thus, the principle of comity which predated the act was not restricted by its passage. c the post-act vitality of the comity principle is perhaps best .....
Tag this Judgment!Court : US Supreme Court
..... and maritime jurisdiction." u. s. const., art. iii, 2, cl. 1. federalcourt jurisdiction over such cases, however, has never been entirely exclusive. the judiciary act of 1789 provided: "that the district courts shall have, exclusively of the courts of the several states ... exclusive original cognizance of all civil causes of admiralty and maritime ..... , holding that article 123(c) of the louisi- 446 ana code of civil procedure, which renders the doctrine of forum non conveniens unavailable in jones act and maritime law cases brought in louisiana state courts, is not preempted by federal maritime law. 595 so. 2d 615 (1992). american dredging company filed ..... manning argued the cause for the united states as amicus curiae urging affirmance. with him on the brief were solicitor general days, assistant attorney general hunger, and acting deputy solicitor general kneedler. * * lizabeth l. burrell and george w healy iii filed a brief for the maritime law association of the united states as .....
Tag this Judgment!