Court : US Supreme Court
..... the conduct of the ordinary business operations of the issuer." the committee requested that dow's decision be reviewed by the staff of the sec. on february 18, 1969, the chief counsel for the division of corporation finance wrote both dow and the committee to inform them that "this division will not recommend any action to the commission if this proposal ..... the united states court of appeals for the district of columbia circuit. on july 8, 1970, the court of appeals held that the decision of the sec was reviewable under 25(a) of the securities exchange act of 1934, 15 u.s.c. 78y(a); that, while review of dow's decision was clearly available in district court, review of the ..... not reasonably be expected to recur." united states v. phosphate export assn., 393 u. s. 199 , 393 u. s. 203 (1968). the case is therefore moot. page 404 u. s. 407 "[i]t is well settled that federal courts may act only in the context of a justiciable case or controversy." benton v. maryland, 395 u. s. 784 , 395 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... specific determination in 2254(b) that requiring the exhaustion of adequate state remedies in such cases will best serve the policies of federalism. [ footnote 11 ] that section provides that each inmate's file "shall be considered not more than three nor less than two months before the earliest possible date he would be entitled to ..... u. s. 167 (1961); bacon v. rutland r. co., 232 u. s. 134 (1914); cf. note, exhaustion of state remedies under the civil rights act, 68 col.l.rev. 1201 (1968). [ footnote 2/24 ] in a case where the habeas corpus statute does provide an available and appropriate remedy, and where a prisoner's selection of an alternative ..... of federalism do not require the exhaustion of state remedies in cases brought under the ku klux klan act holds true even where the state agency or process under constitutional attack is intimately tied to the state judicial machinery. cf. lynch v. household finance corp., 405 u. s. 538 (1972). indeed, only last term, we held in mitchum .....
Tag this Judgment!Court : US Supreme Court
..... certiorari, 419 u.s. 963 (1974), and are thus confronted for the first time with the question of whether the sherman act applies to services performed by attorneys in examining titles in connection with financing the purchase of real estate. ii our inquiry can be divided into four steps: did respondents engage in price-fixing? if ..... . alternatively, the court of appeals held that respondents' activities did not have sufficient effect on interstate commerce to support sherman act jurisdiction. petitioners had argued that the fee schedule restrained the business of financing and insuring home mortgages by inflating a component part of the total cost of housing, but the court concluded that a ..... of the schedule by the state bar was exempt from the sherman act as state action as defined in parker v. brown, 317 u. s. 341 (1943). i in 1971 petitioners, husband and wife, contracted to buy a home in fairfax county, va. the financing agency required them to secure title insurance; this required a title .....
Tag this Judgment!Court : US Supreme Court
..... over this direct appeal from the tree-judge court decision below is conferred by 28 u.s.c. 1253, we are without authority to entertain it. [ footnote 6 ] section 1253 provides: "except as otherwise provided by law, any party may appeal to the supreme court from an order granting or denying, after notice and hearing, an interlocutory or ..... the merits of a constitutional claim for injunctive relief do not provide a consistent answer to this question. compare lynch v. household finance corp., 405 u. s. 538 (1972), with mengelkoch v. industrial welfare comm'n, 393 u. s. 83 (1968); rosado v. wyman, 395 u. s. 826 (1969); mitchell v. donovan, 398 u. s. 427 (1970). see ..... a permanent injunction was pending in state court, appellant filed this action in the united states district court for the northern district of alabama under the civil rights act of 1871, 42 u.s.c. 1983. it asked the federal court to enjoin enforcement of the state court temporary injunction and to declare the alabama nuisance law .....
Tag this Judgment!Court : US Supreme Court
..... not to exceed" specified amounts for each of three fiscal years. the dispute in this case turns principally on the meaning of the foregoing language from the indicated sections of the act. the administrator contends that 205(a) directs the allotment of only "sums" -- not "all sums" -- authorized by 207 to be appropriated, and that ..... would produce the necessary technology; and second, the knowledge that a federal commitment of $18 billion in 75-percent grants to the municipalities was the minimum amount needed to finance the construction of waste treatment facilities which will meet the standards imposed by this legislation." " * * * *" "mr. president, to achieve the deadlines we are ..... this much money may contribute to inflation, simply do not understand the language of this crisis." "the conferees spent hours and days studying the problem of financing the cleanup effort required by this new legislation. the members agreed, in the end, that a total of $18 billion had to be committed by the .....
Tag this Judgment!Court : US Supreme Court
..... among pregnancy procedures exclusively with the doctor and his patient, and make no provision whatever for intervention by the state in that decision. section 1396a(a)(19) expressly imposes the obligation upon participating states to incorporate safeguards in their programs that assure medical "care and services will ..... the woman's health than childbirth. consequently, respondents argue, the economic and health considerations that ordinarily support the reasonableness of state limitations on financing of unnecessary medical services are not applicable to pregnancy. accepting respondents' assumptions as accurate, we do not agree that the exclusion of ..... 20, 1977 432 u.s. 438 certiorari to the united states court of appeals for the third circuit syllabus title xix of the social security act establishes a medical assistance (medicaid) program, under which participating states financially assist qualified individuals in five general categories of medical treatment, state plans being .....
Tag this Judgment!Court : US Supreme Court
..... in three tribes of fort berthold reservation v. united states, 182 ct.cl. 543, 390 f.2d 686 (1968), the commission concluded that congress had acted pursuant to its power of eminent domain when it passed the 1877 act, rather than as a trustee for the sioux, and that the government must pay the indians just compensation for ..... merits of the sioux claim. app. 265-266; see sioux tribe v. united states, 182 ct.cl. 912 (1968) (summary of proceedings). following the sioux' filing of an amended petition, claiming again that the 1877 act constituted a taking of the black hills for which just compensation had not been paid, there ensued a lengthy period ..... of procedural sparring between the indians and the government. finally, in october, 1968, the commission set down three questions for briefing and determination: (1) what land and rights did the united states acquire from the sioux by the 1877 act? (2) what, if any, consideration was given for that land and those rights? and .....
Tag this Judgment!Court : US Supreme Court
..... from service members' pay. 769(a)(1) and (d)(1). accordingly, depending upon the conditions faced by service members at any given time, the program may be financed in part with federal funds. see s.rep. no. 91-398, at 2. the sglia establishes a specified "order of precedence," 38 u.s.c. 770 ..... unanimous in concluding that the nslia anti-attachment provision overrides the contrary dictates of state family law. e.g., hoffman v. united states, 391 f.2d 195 (ca9 1968) (anti-attachment provision overrides property settlement incorporated in divorce decree); kimball v. united states, 304 f.2d 864 (ca6 1962) (same); eldin v. united states, ..... of any such disability benefit otherwise assignable, nor shall this section apply to any money income disability benefit in an action to recover for necessaries contracted for after the commencement of the disability covered by the disability clause or contract allowing such money income benefit." life insurance act for the district of columbia, 16(a), 48 stat .....
Tag this Judgment!Court : US Supreme Court
..... appeals is not explicit, it appears to impose a duty of "reasonable investigation" rather than 12(2) 's requirement of "reasonable care." a. section 11(a) of the 1933 act, 15 u.s.c. 77k(a), imposes liability on certain persons for selling securities in a registered public offering pursuant to a materially false or misleading ..... from the certified public accounting firm of lieber, bleiweis & co. to tamper with the company's financial statements to make the company appear profitable. its financial statement for 1968 showed that w&h; had earned $ 500,000; in fact, it had lost about $1 million. when the fraud was discovered in 1970, officials from w&h ..... denial of certiorari, however, because i believe that the court of appeals has seriously misapplied the securities act of 1933. its decision could page 450 u.s. 1005 , 1006 affect adversely the efficiency of the nation's short-term financing markets. justice stevens took no part in the consideration or decision of this petition. i john nuveen .....
Tag this Judgment!Court : US Supreme Court
..... s. 119 (footnote omitted); stanley v. georgia, 394 u. s. 557 , 394 u. s. 567 (1969); ginsberg v. new york, 390 u. s. 629 , 390 u. s. 637 -643 (1968); interstate circuit, inc. v. dallas, supra, at 390 u. s. 690 ; redrup v. new york, supra, at 386 u. s. 769 ; jacobellis v. ohio, 378 u. s. 184 , 378 ..... roth was followed by 15 years during which this court struggled with "the intractable obscenity problem." interstate circuit, inc. v. dallas, 390 u. s. 676 , 390 u. s. 704 (1968) (opinion of harlan, j.). see, e.g., redrup v. new york, 386 u. s. 767 (1967). despite considerable vacillation over the proper definition of obscenity, a majority of the ..... . smith v. california, 361 u. s. 147 (1959); hamling v. united states, 418 u. s. 87 (1974). d section 263.15's prohibition incorporates a definition of sexual conduct that comports with the above-stated principles. the forbidden acts to be depicted are listed with sufficient precision and represent the kind of conduct that, if it were the theme of .....
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