Court : US Supreme Court
Decided on : May-30-1972
Deepsouth Packing Co., Inc. v. Laitram Corp. - 406 U.S. 518 (1972) U.S. Supreme Court Deepsouth Packing Co., Inc. v. Laitram Corp., 406 U.S. 518 (1972) Deepsouth Packing Co., Inc. v. Laitram Corp. No. 71-315 Argued April 11, 1972 Decided May 30, 1972 406 U.S. 518 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner is not foreclosed by 35 U.S.C. 271(a), which proscribes the unauthorized making of any patented invention within the United States, from making the parts of shrimp deveining machines (for which respondent was adjudged to have valid combination patents) to sell to foreign buyers for assembly by the buyers for use abroad. The word "makes" as used in 271(a) does not extend to the manufacture of the constituent parts of a combination machine, and the unassembled export of the elements of an invention does not infringe the patent. Radio Corp. of America v. Andrea, 79 F.2d 626. Pp. 51532. 443 F.2d 936, reversed and remanded. ...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1972
Eisenstadt v. Baird - 405 U.S. 438 (1972) U.S. Supreme Court Eisenstadt v. Baird, 405 U.S. 438 (1972) Eisenstadt v. Baird No. 70-17 Argued November 17-18, 1971 Decided March 22, 1972 405 U.S. 438 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Appellee attacks his conviction of violating Massachusetts law for giving a woman a contraceptive foam at the close of his lecture to students on contraception. That law makes it a felony for anyone to give away a drug, medicine, instrument, or article for the prevention of conception except in the case of (1) a registered physician administering or prescribing it for a married person or (2) an active registered pharmacist furnishing it to a married person presenting a registered physician's prescription. The District Court dismissed appellee's petition for a writ of habeas corpus. The Court of Appeals vacated the dismissal, holding that the statute is a prohibition on contraception per se, and conflict...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-24-1972
S & E Contractors, Inc. v. United States - 406 U.S. 1 (1972) U.S. Supreme Court S & E Contractors, Inc. v. United States, 406 U.S. 1 (1972) S & E Contractors, Inc. v. United States No. 70-88 Argued October 21, 1971 Reargued March 20, 1972 Decided April 24, 1972 406 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF CLAIMS Syllabus In a contract disputes procedure, the Atomic Energy Commission (AEC) approved claims of its contractor for additional compensation. In response to an AEC certifying officer's request for advice as to one item, however, the General Accounting Office (GAO) ruled that the claims could not be certified for payment. When the AEC then refused to pay the compensation, the contractor brought suit in the Court of Claims alleging that the GAO had no authority to overturn the AEC approval. The Government, through the Department of Justice, defended on the ground that the AEC determination was not final, but was subject to judicial review under the standards spe...
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Decided on : Nov-20-1972
Gottschalk v. Benson - 409 U.S. 63 (1972) U.S. Supreme Court Gottschalk v. Benson, 409 U.S. 63 (1972) Gottschalk v. Benson No. 71-485 Argued October 16, 1972 Decided November 20, 1972 409 U.S. 63 CERTIORARI TO THE UNITED STATES COURT OF CUSTOMS AND PATENT APPALS Syllabus Respondents' method for converting numerical information from binary-coded decimal numbers into pure binary numbers, for use in programming conventional general purpose digital computers, is merely a series of mathematical calculations or mental steps, and does not constitute a patentable "process" within the meaning of the Patent Act, 35 U.S.C. 100(b). Pp. 409 U. S. 64 -73. ___ C.C.P.A. (Pat.) ___, 441 F.2d 682, reversed. DOUGLAS, J., delivered the opinion of the Court, in which all members joined except STEWART, BLACKMUN, and POWELL, JJ., who took no part in the consideration or decision of the case. Page 409 U. S. 64 MR. JUSTICE DOUGLAS delivered the opinion of the Court. Respondents filed in the...
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Decided on : Jun-29-1972
..... omnibus crime control act of 1970 was approved january 2, 1971. title iv thereof added the congressional assassination statute tha ..... the fourteenth amendment to the constitution," "and, in either case, whether congress should exercise its authority under section 5 of the fourteenth amendment to prohibit the use of the death penalty." there is the naive view that capital ..... brother stewart puts it, "wantonly and . . . freakishly" inflicted, i need not conclude that arbitrary infliction is patently obvious. i am not considering this punishment by the isolated light of one principle. the probability of arbitrariness is sufficiently ..... are. but an error in mistakenly sustaining the constitutionality of a particular enactment, while wrongfully depriving the individual of a right secured to him by the constitution, nonetheless does so by simply letting stand a duly enacted law of a democratically chosen ..... precedent invalidates a staggering number of state and federal laws. the capital punishment laws of no less than 39 states [ footnote 8/2 ] and the district of columbia are nullified. in addition, numerous provisions of the criminal ..... almost always become law-abiding citizens upon their release from prison; that the costs of executing a capital offender exceed the costs of imprisoning him for life; that, while in prison, a convict under sentence of death performs ..... 45, capital punishment 1930-1968, p. 7 (aug. 1969). [ footnote 4/150 ] ibid. [ footnote 4/151 ] ibid. [ footnote 4/152 ] alexander, the abolition of capital .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-20-1972
United States v. Jim - 409 U.S. 80 (1972) U.S. Supreme Court United States v. Jim, 409 U.S. 80 (1972) United States v. Jim No. 71-1509 Decided November 20, 1972 * 409 U.S. 80 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH Syllabus A statute enlarged the class of beneficiaries of certain royalties from oil and gas leases in the Aneth Extension of the Navajo Indian Reservation in Utah by providing that the funds be used to benefit all Navajo Indians residing in San Juan County, rather than only those residing in the Aneth Extension, as provided in an earlier statute. Held: As the earlier statute did not create constitutionally protected property rights in the residents of the Aneth Extension, the statutory change did not constitute a taking of property without just compensation. Reversed. PER CURIAM. The motion of the Navajo Tribe of Indians for leave to file a brief as amicus curiae in No. 71-1509 is granted. These cases are here on appeal from ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-15-1972
NLRB v. Burns Int'l Security Svcs., Inc. - 406 U.S. 272 (1972) U.S. Supreme Court NLRB v. Burns Int'l Security Svcs., Inc., 406 U.S. 272 (1972) National Labor Relations Board v. Burns International Security Services, Inc. No. 71-123 Argued January 13, 1972 Decided May 15, 1972 * 406 U.S. 272 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Wackenhut Corp., a company that had provided plant protection service for a Lockheed Aircraft Service Co. factory, had entered into a collective bargaining agreement with the United Plant Guard Workers (UPG), the union certified by the National Labor Relations Board (NLRB) as the representative of a majority of Wackenhut guards at the plant after an NLRB election. A few months later, Wackenhut's service contract expired, and it was succeeded by Burns International Security Services, which knew of the collective bargaining agreement. Burns employed 27 of the 42 Wackenhut guards, but refused to recognize UP...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1972
Branzburg v. Hayes - 408 U.S. 665 (1972) U.S. Supreme Court Branzburg v. Hayes, 408 U.S. 665 (1972) Branzburg v. Hayes No. 70-85 Argued February 23, 1972 Decided June 29, 1972* 408 U.S. 665 CERTIORARI TO THE COURT OF APPEALS OF KENTUCKY Syllabus The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation, and therefore the Amendment does not afford him a constitutional testimonial privilege for an agreement he makes to conceal facts relevant to a grand jury's investigation of a crime or to conceal the criminal conduct of his source or evidence thereof. Pp. 408 U. S. 679 -709. No. 705, 461 S.W.2d 345, and Kentucky Court of Appeals judgment in unreported case of Branzburg v. Meigs, and No. 70-94, 358 Mass. 604, 266 N.E.2d 297, affirmed; No. 70-57, 434 F.2d 1081, reversed. WHITE, J., wrote the opinion of the Court, in which BURGER, C.J., and...
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Decided on : Feb-23-1972
Lindsey v. Normet - 405 U.S. 56 (1972) U.S. Supreme Court Lindsey v. Normet, 405 U.S. 56 (1972) Lindsey v. Normet No. 70-5045 Argued November 15, 1971 Decided February 23, 1972 405 U.S. 56 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Syllabus Appellants, month-to-month tenants of appellee Normet. refused to pay their monthly rent unless certain substandard conditions were remedied, and appellee threatened eviction. Appellants filed a class action seeking a declaratory judgment that the Oregon Forcible Entry and Wrongful Detainer (FED) Statute was unconstitutional on its face, and an injunction against its continued enforcement. Appellants attacked principally (1) the requirement of trial no later than six days after service of the complaint unless security for accruing rent is provided, (2) the limitation of triable issues to the tenant's default, defenses based on the landlord's breach of duty to maintain the premises being precluded, and (3) the...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1972
Pipefitters v. United States - 407 U.S. 385 (1972) U.S. Supreme Court Pipefitters v. United States, 407 U.S. 385 (1972) Pipefitters Local Union No. 562 v. United States No. 70-74 Argued January 11, 1972 Decided June 22, 1972 407 U.S. 385 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioner union and three of its officers were convicted of conspiracy to violate 18 U.S.C. 610, which prohibited a labor organization from making a contribution or an expenditure in connection with a federal election. Evidence indicated that the union, from 1949 through 1962, maintained a political fund to which union members and others working under the union's jurisdiction were required to contribute, and that that fund was then succeeded by the present fund, which was, in form, set up as a separate "voluntary" organization; union officials, nevertheless, retained unlimited control over the fund, and no significant change was made in the regular and system...
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