Court : US Supreme Court
Decided on : Jun-23-1947
United States v. National Lead Co. - 332 U.S. 319 (1947) U.S. Supreme Court United States v. National Lead Co., 332 U.S. 319 (1947) United States v. National Lead Co. No. 89 Argued February 3-5, 1947 Decided June 23, 1947 * 332 U.S. 319 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. In a suit to enjoin violations of 1 and 2 of the Sherman Antitrust Act, the District Court found that defendants had participated in an "international cartel" constituting a combination or conspiracy in restraint of trade and commerce in titanium products among the several states of the United States and with foreign nations through the pooling of patents and the allocation of markets and that they had been and still were parties to agreements in restraint of such trade and commerce in violation of 1 of the Sherman Act. Held: (a) Counsel for two of the defendants having accepted cancellation of the agreements and an injunction against t...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-31-1947
Penfield Co. v. SEC - 330 U.S. 585 (1947) U.S. Supreme Court Penfield Co. v. SEC, 330 U.S. 585 (1947) Penfield Company of California v. Securities & Exchange Commission No. 453 Argued January 16, 1947 Decided March 31, 1947 330 U.S. 585 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In a contempt proceeding for failure to comply with a court order to enforce a subpoena duces tecum issued by the Securities and Exchange Commission in aid of an investigation pursuant to 20(a) of the Securities Act of 1933, 48 Stat. 74, a district court adjudged the defendant guilty of contempt and imposed an unconditional fine, but refused to grant any coercive relief designed to force him to produce the subpoenaed documents. He paid the fine and took no appeal. The Commission filed a notice of appeal in the district court and subsequently a statement of points challenging as error the court's action in imposing the fine instead of a remedial penalty to make him ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-06-1947
MacGregor v. Westinghouse Elec. & Mfg. Co. - 329 U.S. 402 (1947) U.S. Supreme Court MacGregor v. Westinghouse Elec. & Mfg. Co., 329 U.S. 402 (1947) MacGregor v. Westinghouse Electric & Manufacturing Co. No. 28 Reargued November 14, 1946 Decided January 6, 1947 329 U.S. 402 ON REHEARING Syllabus A patent licensing agreement authorized the licensee to make, use and sell brazing solder containing copper and phosphorus and required him to pay royalties and not to sell the product at prices lower than those charged by the licensor. After paying royalties on this product and also on solders containing tin or silver in addition to copper and phosphorus, the licensee obtained patents on the solders containing tin and silver and refused to pay royalties on them. The licensor sued in a state court for royalties. In his answer, the licensee challenged the validity and coverage of the licensor's patent, the validity of the price-fixing agreement, and the validity of the licensor's exerc...
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Decided on : May-12-1947
United States v. Fullard-Leo - 331 U.S. 256 (1947) U.S. Supreme Court United States v. Fullard-Leo, 331 U.S. 256 (1947) United States v. Fullard-Leo No. 429 Argued February 12, 1947 Decided May 12, 1947 331 U.S. 256 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. On the facts of this case, including both an unbroken chain of private conveyances and a claim of right to exclusive possession since 1862, when possession of Palmyra Island was taken by respondents' predecessors in interest in the name of the King of Hawaii, and on the presumption of a lost grant, the Government's claim of title to Palmyra Island as successor to the Kingdom and Republic of Hawaii is denied, and fee simple title to the island is quieted in respondents -- notwithstanding their failure to show actual occupancy of this isolated island in the Pacific Ocean except for intermittent periods aggregating less than two and one-half years out of 77 years since the origin of their ...
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Decided on : Feb-03-1947
Transparent-Wrap Machine Corp. v. Stokes & Smith Co. - 329 U.S. 637 (1947) U.S. Supreme Court Transparent-Wrap Machine Corp. v. Stokes & Smith Co., 329 U.S. 637 (1947) Transparent-Wrap Machine Corp. v. Stokes & Smith Co. No. 208 Argued January 7, 8, 1947 Decided February 3, 1947 329 U.S. 637 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A patent licensing agreement granted an exclusive license to manufacture and sell in the United States, Canada and Mexico a patented machine under the patents then owned or later acquired by the licensor, subject to a condition that the licensee assign to the licensor any improvement patents applicable to the machine and suitable for use in connection with it. Held: the inclusion in the license of the condition requiring the licensee to assign improvement patents is not per se illegal and unenforceable. Pp. 329 U. S. 642 -648. 156 F.2d 19 reversed. In a suit for a declaratory judgment and an injunction in...
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Decided on : Apr-28-1947
McCullough v. Kammerer Corp. - 331 U.S. 96 (1947) U.S. Supreme Court McCullough v. Kammerer Corp., 331 U.S. 96 (1947) McCullough v. Kammerer Corporation No. 755 Argued April 8, 1947 Decided April 28, 1947 331 U.S. 96 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In a patent infringement suit, an appeal may be taken under 129 of the Judicial Code, as amended, 28 U.S.C. 227a, from an "order" denying on the merits a motion to set aside (because of unlawful use of the patent) an earlier decree which held the patent valid and infringed and was "final except for the ordering of an accounting." Pp. 331 U. S. 98 -100. (a) Since it left nothing to be done except to conduct an accounting, the order falls squarely within 129, as amended. P. 331 U. S. 99 . (b) Under Rule 54 of the Federal Rules of Civil Procedure, the fact that the Court designated its action as an "order," instead of a "decree," is immaterial. P. 331 U. S. 99 . (c) Nor is such a...
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Decided on : Feb-03-1947
King v. Santa Fe Pacific R. Co. - 329 U.S. 591 (1947) U.S. Supreme Court King v. Santa Fe Pacific R. Co., 329 U.S. 591 (1947) King v. Santa Fe Pacific Railroad Co. No. 97 and 98 Argued January 6, 7, 1947 Decided February 3, 1947 329 U.S. 591 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. A release filed by a land grant railroad pursuant to 321(b) of the Transportation Act of 1940, as a condition to collecting commercial rates on transportation for the Government, extinguishes the right of the railroad to select lands in lieu of lands originally acquired under the Act of 1866 in aid of construction but relinquished under the Acts of 1874 and 1904. Pp. 329 U. S. 596 -59. 2. Congress intended by the 1940 Act that a release filed pursuant thereto should bar any future claims arising out of any or all of the land grant acts so far as such claims arise from originally granted, indemnity, or lieu lands. P. 329 U. S. 598 . 153 F.2d ...
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Decided on : Mar-06-1947
United States v. United Mine Workers - 330 U.S. 258 (1947) U.S. Supreme Court United States v. United Mine Workers, 330 U.S. 258 (1947) United States v. United Mine Workers or America No. 759 Argued January 14, 1947 Decided March 6, 1947 * 330 U.S. 258 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Neither the Norris-LaGuardia Act, 47 Stat. 70, nor 20 of the Clayton Act, 38 Stat. 738, deprives a federal district court of jurisdiction to issue a restraining order and preliminary injunction in a suit by the Government to prevent a union and its officers from precipitating a nationwide strike in the bituminous coal mines pending judicial interpretation of a labor contract between the Government and the union, at a time when the mines are being operated by the Government during a national emergency pursuant to an executive order issued by the President under his constitutional authority as President and as Commander in Chief of the A...
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Decided on : Feb-10-1947
Everson v. Board of Education - 330 U.S. 1 (1947) U.S. Supreme Court Everson v. Board of Education, 330 U.S. 1 (1947) Everson v. Board of Education of the Township of Ewing No. 52 Argued November 20, 1946 Decided February 10, 1947 330 U.S. 1 APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus Pursuant to a New Jersey statute authorizing district boards of education to make rules and contracts for the transportation of children to and from schools other than private schools operated for profit, a board of education by resolution authorized the reimbursement of parents for fares paid for the transportation by public carrier of children attending public and Catholic schools. The Catholic schools operated under the superintendency of a Catholic priest and, in addition to secular education, gave religious instruction in the Catholic Faith. A district taxpayer challenged the validity under the Federal Constitution of the statute and resolution so far as they authori...
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Decided on : Dec-08-1947
Williams v. Fanning - 332 U.S. 490 (1947) U.S. Supreme Court Williams v. Fanning, 332 U.S. 490 (1947) Williams v. Fanning No. 47 Argued October 22, 1947 Decided December 8, 1947 332 U.S. 490 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Those against whom the Postmaster General has issued a postal fraud order may sue the local postmaster to enjoin him from carrying out the order, and the Postmaster General is not an indispensable party. Pp. 332 U. S. 492 -494. 2. The superior officer is an indispensable party if a decree granting the relief sought will require him to take action, either by exercising directly a power lodged in him or by having a subordinate exercise it for him. Pp. 332 U. S. 492 -493. 3. The superior officer is not an indispensable party if the decree which is entered would effectively grant the relief desired by expending itself on the subordinate official who is before the court. Pp. 332 U. S. 493 -494. 158 F.2d 95 ...
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