Court : US Supreme Court
Decided on : Jun-20-1960
..... to submit. yet, to be consistent with congressional policy in favor of settlement of disputes by the parties through the machinery of arbitration, the judicial inquiry under 301 must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance or did agree to give the arbitrator ..... using the arbitration process is primarily to further their common goal of uninterrupted production under the agreement, to make the agreement serve their specialized needs. the ablest judge cannot be expected to bring the same experience and competence to bear upon the determination of a grievance, because he cannot be similarly informed. the congress, ..... however, has, by 301 of the labor management relations act, assigned the courts the duty of determining whether the reluctant party has breached his promise to arbitrate. for arbitration is a matter of contract, and a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1960
..... s. 141 , 284 u. s. 147 ; united states v. storrs, 272 u. s. 652 , 272 u. s. 654 . as established by these precedents, the focal point of inquiry is not the form page 361 u. s. 442 of the defendant's plea, but the effect of the ruling of the district court. [ footnote 2/1 ] "the material question ..... question that the statute validly and clearly confers power upon the secretary of the treasury to issue a properly worded regulation making the acts of the appellees unlawful. this is made apparent by the district judge's statement that "[t]he secretary could very easily have indicated that east and west germany page 361 u. s. 454 ..... 41 cong.rec. 2819. it is manifest that the preoccupying thought of the primary promoter of the legislation, president roosevelt, and of congress, was to bar a single judge from destroying, either by way of construction or invalidation, congressional enactments. extension of the range of the meaning of "statute" to include regulations to which penal consequences attach .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-29-1960
..... beyond his mere declination to sell to a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government ..... prices, this countervailing consideration is not present, and therefore he has put together a combination in violation of the sherman act. thus, whether an unlawful combination or conspiracy is proved is to be judged by what the parties actually did, rather than by the words they used. see eastern states retail lumber dealers' ass ..... to particular fact complexes justifying the inference of an agreement in violation of the sherman act. both cases teach that judicial inquiry is not to stop with a search of the record for evidence of purely contractual arrangements. the sherman act forbids combinations of traders to suppress competition. true, there results the same economic .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... the merits of a "minor dispute," the resolution of which is committed by the railway labor act, 3(i), 48 stat. 1189, 45 u.s.c. 153, to the exclusive jurisdiction of the adjustment board. the question of a district judge's jurisdiction to impose this type of condition upon an injunction issued to preserve the adjustment board ..... the frequently long delayed board decision, it might well be impossible to make them whole in any realistic sense. if this be so, the action of the district judge, rather than defeating the board's jurisdiction, would operate to preserve that jurisdiction by preventing injury so irreparable that a decision of the board in the union's ..... although respondents maintain that there has been such an abuse in this case, scrutiny of the record does not persuade us that the evidence was insufficient to support the judge's action. the judgment of the court of appeals is reversed. mr. justice harlan and mr. justice stewart, while agreeing with the court that the district court .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... particular area from arbitration -- "matters which are strictly a function of management." because the arbitration promise is different, the scope of the court's inquiry may be broader. here, a court may be required to examine the substantive provisions of the contract to ascertain whether the parties have provided that ..... particularly underscored that the arbitral process in collective bargaining presupposes that the parties wanted the informed judgment of an arbitrator, precisely for the reason that judges cannot provide it. therefore, a court asked to enforce a promise to arbitrate should ordinarily refrain from involving itself in the interpretation of the substantive ..... every claim, meritorious or frivolous, which the complainant bases upon the contract. the objection that equity will not order a party to do a useless act is outweighed by the cathartic value of arbitrating even a frivolous grievance, and by the dangers of excessive judicial intervention." mr. justice brennan, with whom .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1960
..... exception to its coverage for such a risk, although it has pages of small printed type stating its extensions, limitations, exclusions and general conditions. the united states district judge who tried this case, experienced in florida law, not surprisingly paid scant attention to this contention. no case in which we have ever "abstained" from passing on difficult ..... insured property page 363 u. s. 209 by the insured's spouse. [ footnote 1 ] the jury was charged that, if the losses were caused by the deliberate acts of petitioner's wife, they were not therefore excluded from coverage. the jury found for petitioner, and judgment in the amount of $6,800 was entered. the district court ..... awarded a judgment to petitioner after ruling that, (1) under florida law, the losses were not excluded from "all risks" coverage if they were caused by deliberate acts of petitioner's wife, and (2) the suit was not barred by a provision in the policy that suit on any claim for loss must be brought within 12 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1960
..... the basic consideration in these cases is whether there are present any overriding reasons for not accepting evidence concededly relevant to a federal judicial inquiry regarding a violation of federal law. overriding public considerations are reflected in the exclusion from evidence of the narrow classes of privileged communications, in ..... long before the court established that the fourteenth amendment protects the security of one's privacy against arbitrary intrusion by state officers, mr. justice (then judge) cardozo perceived a basic incongruity in a rule which excludes evidence unlawfully obtained by federal officers, but admits in the same court evidence unlawfully obtained by ..... search unlawful and granted the motion to suppress. the state indictment was subsequently dismissed. during the course of these state proceedings, federal officers, acting under a federal search warrant, obtained the articles from the safe deposit box of a local bank where the state officials had placed them. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1960
..... statute; and if it were applied as a determinative rule of "law," it would force the tribunals trying tax cases involving the donee's liability into elaborate inquiries into the local law of corporations or into the peripheral deductibility of payments as business expenses. the former issue might make the tax tribunals the most frequent investigators ..... deficiency against him for failure to include this amount in his gross income. stanton paid the deficiency and sued in a federal district court for a refund. the trial judge, sitting without a jury, made the simple finding that the payment was a "gift," and entered judgment for stanton. the court of appeals reversed. held: the finding ..... jury. . . ." the last words first came into the statute through an amendment to 1141(a) of the 1939 code in 1948 ( 36 of the judicial code act, 62 stat. 991). the purpose of the 1948 legislation was to remove from the law the favored position (in comparison with district court and court of claims rulings in .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1960
..... witness. appeal may be made to the court under whose aegis the grand jury sits to have the witness ordered to answer the grand jury's inquiries in the judge's physical presence, so that the court's persuasive exertion to induce obedience, and its power summarily to commit for contempt should its authority be ignored ..... resolved not to answer at all, petitioner then might well have insisted that, as summary punishment was to be imposed, the courtroom be opened so that the act of contempt, that is, his definitive refusal to comply with the court's direction to answer the previously propounded questions, and the consequent adjudication and sentence, might ..... to a subpoena, petitioner appeared as a witness before a federal grand jury in the southern district of new york engaged in investigating violations of the interstate commerce act. he was asked six questions relevant to the grand jury's investigation. after consultation with his attorney, who was in an anteroom, he refused to answer them .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... thus unseaworthy and one of the crew received damage as the direct result thereof, he was entitled to recover compensatory damages." [ footnote 2/2 ] chief judge magruder has appropriately noted that no previous decision in this court has considered whether liability for unseaworthiness existing at the start of the voyage extends to subsequently arising ..... and therefore entitled to those rights if any which flow from the maritime law and flows [ sic ] from the act of congress." in a memorandum filed almost a month after the trial, the district judge, apparently relying upon the fact that the shipowner had no direct financial interest in the spawn which had been unloaded ..... the carriage of goods by sea act would, of course, bar recovery. the silvia, 171 u. s. 462 . but where, as here, there is neither a claim that the vessel was initially unseaworthy, nor any showing of negligence, the imposition of liability seems to me borrowing from judge magruder, a "hard doctrine," "startlingly opposed .....
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