Court : US Supreme Court
..... under the copyright law, but may be registered in the patent office." this was repealed in 1939, and the following enacted: "sec. 2. section 5(k) of the act entitled 'an act to amend and consolidate the acts respecting copyright' approved march 4, 1909, is hereby amended to read: '(k) prints and pictorial illustrations including prints or labels ..... nevertheless, that the above specifications shall not be held to limit the subject matter of copyright as defined in section four of this act, nor shall any error in classification invalidate or impair the copyright protection secured under this act." 35 stat. 1076. subsection (k) was amended by the addition of the words "including prints or labels ..... copyright, 59th cong., 1st sess., june 6-9, 1906, p. 11. the statement is applicable to the 1909 act, since 5(g) and (h) of the 1909 act are identical with the same sections of s. 6330 and h.r. 19853. although there were other hearings and reports ( see 51 house committee hearings before committee on .....
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..... footnote 25 ] hynson also argues that lutrexin is exempt by operation of 107(c)(2), which provides: "an application filed pursuant to section 505(b) of the basic act which was 'effective' within the meaning of that act on the day immediately preceding the enactment date shall be deemed, as of the enactment date, to be an application 'approved' by the ..... and must await the outcome of this hearing. finally, we cannot agree with hynson that lutrexin is exempt from the provisions of the act by virtue of 107(c)(4) of the 1962 amendments. that section provides that no drug will be treated as a "new drug" if, on the day preceding the adoption of the amendments, the drug ..... or sold in the united states, (b) was not a new drug as defined by section 201(p) of the basic act as then in force, and (c) was not covered by an effective application under section 505 of that act. . . ." the applicability of this section turns solely on whether lutrexin was "covered" by an effective nda immediately prior to the .....
Tag this Judgment!Court : US Supreme Court
..... to call forth the militia to suppress insurrections, and to enforce the laws of the united states, in times of peace. and courts martial are, under the 5th section of the act, entitled to take cognizance of, and to punish delinquencies in such cases, as well as in cases where the object is to repel invasion in times of war. ..... is not, therefore, admitted that any express authority is given by either statute that such a court martial as is contemplated for the trial of delinquents under the 5th section of the act of 1795 is to be composed of the same number of officers, organized in the same manner as these rules and articles contemplate for persons in actual service. ..... of impeachments and the correction of errors of the state of new york, being the highest court of that state, and is brought here in virtue of the 25th section of the judiciary act of 1789, ch. 20. the original action was a replevin for certain goods and chattels, to which the original defendant put in an avowry, and to that .....
Tag this Judgment!Court : US Supreme Court
..... terms of the arbitration clause or the other provisions of the contract. the court of first instance held that each contract sued upon violated the sherman anti-trust act, and dismissed the action. in a supplemental opinion, that court put its decision upon the grounds, first, that the arbitration plan is so connected with the ..... muller was licensed to exhibit certain moving picture films belonging to the corporation. muller answered, setting up the invalidity of the contracts under the sherman anti-trust act. it was and is agreed that these contracts are substantially the same as the one involved in united states v. paramount famous lasky corp., 34 f.2d ..... a concededly invalid arbitration clause in a contract between a motion picture distributor and an exhibitor (the same clause that was held invalid as a violation of the sherman act in paramount famous corp. v. united states, 282 u. s. 30 ) was inseparable from the other provisions, and rendered the entire contract unenforceable, held a .....
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 ..... f.2d 56 ( 1971). judge swygert dissented in the consolidated freightways corp. case, reasoning that "[n]othing in the motor carrier act provides that a carrier's failure to comply with section 323 or the interstate commerce commission's credit regulation should result in the carrier's forfeiting its right to collect freight charges." id., ..... 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 .....
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..... 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 .....
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..... 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 .....
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..... 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 .....
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..... 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 .....
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..... 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 .....
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