Court : US Supreme Court
..... . 333 u. s. 721 -726. 14. the differences in respondents' net returns from different sales in different localities, resulting from use of the multiple basing point delivered-price system, were not justifiable under 2(b) of the amended clayton act as price discriminations "made in good faith to meet an equally low price of a competitor." pp. 333 u. s. 721 ..... this does not mean that 2(b) permits a seller to use a sales system which constantly results in his getting more money for like goods from some customers than he does from others. we held to the contrary in the staley case. there, we said that the act "speaks only of the seller's 'lower' price, and of that ..... individual cement producer from selling cement at delivered prices such that its net return from one customer will be less than from another, even if the particular sale be made in good faith to meet the lower price of a competitor. the commission disclaims that the order can possibly be so understood. nor do we so understand it. .....
Tag this Judgment!Court : US Supreme Court
..... 4 ] " 2408. security not required of united states." "security for damages or costs shall not be required of the united states, any department or agency thereof or any party acting under the direction of any such department or agency on the issuance of process or the institution or prosecution of any proceeding. . . ." [ footnote 5 ] " 743. procedure ..... whether american or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the ..... whether american or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity .....
Tag this Judgment!Court : US Supreme Court
..... cases, the board of education will have to ascertain the law and also to ascertain the facts. i need not add that, in doing either, they must act in good faith, and fairly listen to both sides, for that is a duty lying upon everyone who decides anything. . . . they can obtain information in any way ..... alternatives to the procedure that was followed, the protection implicit in the office of the functionary whose conduct is challenged, the balance of hurt complained of and good accomplished -- these are some of the considerations that must enter into the judicial judgment. page 341 u. s. 164 applying them to the immediate situation, ..... impaired, and will continue to so impair, the reputation of the organization and the moral support and good will of the american people necessary for the continuance of its charitable activities. upon information and belief, these acts have caused many contributors, especially present and prospective civil servants, to reduce or discontinue their contributions to .....
Tag this Judgment!Court : US Supreme Court
..... "boundary" in the technical property sense, it would mark a line that separated the territory of the united states and mexico and established a territorial claim good against all comers. our state department, from the beginning, insisted that was not intended. when great britain protested in 1848 that the treaty of guadalupe hidalgo ..... waters, a line drawn around those islands and the intervening waters would constitute the "coast" of louisiana within the definition of the submerged lands act. since that act confirms to all states rights in submerged lands three miles from their coasts, the government concedes that louisiana would be entitled not only to the ..... applied it. [ footnote 17 ] page 363 u. s. 19 thus, virtually every "quitclaim" measure introduced between 1945 and 1953, when the submerged lands act was ultimately enacted, framed the grant in terms of "lands beneath navigable waters within state boundaries." this framework was employed because the sponsors understood this court to .....
Tag this Judgment!Court : US Supreme Court
..... kansas, massachusetts, missouri, new jersey, new york, north dakota, rhode island, south dakota, texas, washington, and probably in connecticut and maine, the exception does not cover the sale of goods. kan.gen.stat.ann., 1949, 21-953, state v. haining, 131 kan. 853, 293 p. 952 (1930); mass.gen.laws ann., 1958, c. 136, 6, ..... (1949). following the decision in the gallagher case below, and relying on it, a pennsylvania court of quarter sessions recently held the 1959 pennsylvania sunday retail sales act unconstitutional on the grounds that its incidence is discriminatory and arbitrary, and that it operates to prefer sunday-observing religions. commonwealth v. cavalerro, 142 legal intelligencer ..... is made for a plebiscite among the shopkeepers affected. ( 52, 54(1), par. 2.) the act further excepts the sale and delivery of stores or necessaries to arriving or departing ships and aircraft and of goods to private clubs for club purposes, the cooking before 1:30 p.m. of food brought by customers .....
Tag this Judgment!Court : US Supreme Court
..... , economic, or social advantages. v the horizontal aspects of the merger an economic arrangement between companies performing similar functions in the production or sale of comparable goods or services is characterized as "horizontal." the effect on competition of such an arrangement depends, of course, upon its character and scope. ..... expansion is not rendered unlawful by the mere fact that small independent stores may be adversely affected. it is competition, not competitors, which the act protects. but we cannot fail to recognize congress' desire to promote competition through the protection of viable, small, locally owned business. congress appreciated ..... uses, unique production facilities, distinct customers, distinct prices, sensitivity to price changes, and specialized vendors. [ footnote 43 ] because 7 of the clayton act prohibits any merger which may substantially lessen competition "in any line of commerce" (emphasis supplied), it is necessary to examine the effects of a merger .....
Tag this Judgment!Court : US Supreme Court
..... in s.rep.no.1775, 81st cong., 2d sess. 6, this court held violative of 3 of the clayton act exclusive contracts 41 and s. 366 whereby the defendant company, which accounted for 23% of the sales in the relevant market and, together with six other firms, accounted for 65% of such ..... course, various types of credit, for example: unsecured personal and business loans, mortgage loans, loans secured by securities or accounts receivable, automobile installment and consumer goods installment loans, tuition financing, bank credit cards, revolving credit funds. banking services include: acceptance of demand deposits from individuals, corporations, governmental agencies, and other ..... valid geographical market in which to assess the anticompetitive effect of the proposed merger upon the banking facilities available to the smaller customer -- a perfectly good "line of commerce," in light of congress' evident concern, in enacting the 1950 amendments to 7, with preserving small business. see brown shoe .....
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..... the court was sitting, the judge could order the offenders brought before him and "make such order or orders . . . as is or may be consistent with law, justice and good order." acts and resolutions of the s.c. general assembly, december, 1811, at 33. in lining v. bentham, 2 bay 1 (1796), a justice of the peace had ordered a ..... be correcting a fundamental, but only recently manifested, historical error. [ footnote 4/36 ] an analogous situation is presented by the criminal enforcement of the laws relating to the sale and taxation of liquor. at the time of the constitution, violations of the liquor laws of the various states generally carried with them trivial penalties, and were deemed petty offenses ..... of 1712-1713, c. 195, 2 (five-pound fine); pa.laws of 1719, c. 239, 4 (20-shilling fine); 1756 md.sess.laws, 12 (20-pound fine); unlicensed sale of liquor, see new york laws of 1781, c. 27 (10-pound fine); 1757 md.sess.laws, 6 (30-shilling fine); selling liquor above price fixed, see pa.laws of .....
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..... establish a new constitutional barrier to the ascertainment of truth by the judicial process. there is, in my view, every reason to believe that a good many criminal defendants who otherwise would have been convicted on what this court has previously thought to be the most satisfactory kind of evidence will now, ..... in police science, and work as a federal criminal investigator. all these texts have had rather extensive use among law enforcement agencies and among students of police science, with total sales and circulation of over 44,000. [ footnote 10 ] inbau & reid, criminal interrogation and confessions (1962), at 1. [ footnote 11 ] o'hara, supra, at 99. ..... with compulsion, while the confession rule may exclude statements obtained by trick or promise, and where the privilege has been nullified -- as by the english bankruptcy act -- the confession rule may still operate. [ footnote 3/7 ] additionally, there are precedents and even historical arguments that can be arrayed in favor of .....
Tag this Judgment!Court : US Supreme Court
..... or cargo competitive with automobiles. in so ruling, the commission applied the "competitive relationship" doctrine which it has developed in cases concerning rates for carriage of goods by sea. [ footnote 30 ] page 390 u. s. 280 but the commission, in cases not involving freight rates and the particularized economics that ..... its role in labor relations. the nira and nlra greatly revived unionism among both seamen and longshoremen, in addition to workers in other industries. those acts guaranteed the right of collective bargaining, and offered a means for recognition of unions; the unions gained members and strength. and with stronger unions, ..... footnote 12 ] the court of appeals for the district of columbia circuit affirmed, [ footnote 13 ] and we granted certiorari to consider important questions under the shipping act. [ footnote 14 ] i the petitioner's primary contention -- supported by the united states, a party respondent -- is that implementation of the association's formula for .....
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