Court : US Supreme Court
Rosebud Sioux Tribe v. Kneip - 430 U.S. 584 (1977) U.S. Supreme Court Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977) Rosebud Sioux Tribe v. Kneip No. 75-562 Argued January 12, 1977 Decided April 4, 1977 430 U.S. 584 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Both the language and legislative history of the Acts of 1904, 1907, and 1910, whereby land in certain counties in South Dakota located within the boundaries of the Rosebud Sioux Reservation as defined in an 1889 Treaty was required to be ceded by the Reservation Indians to the Government for sale to settlers under the homestead and townsite laws with the proceeds to be credited to the Indians only as received or, with respect to certain parcels, for transfer to South Dakota for school use, held clearly to evidence a congressional intent to diminish the boundaries of the Reservation. Although such Acts were unilateral Acts of Congress without the consent of three-fourths of the...
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Ruckelshaus v. Monsanto Co. - 467 U.S. 986 (1984) U.S. Supreme Court Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984) Ruckelshaus v. Monsanto Co. No. 83-196 Argued February 27, 1984 Decided June 26, 1984 467 U.S. 986 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI Syllabus The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes the Environmental Protection Agency (EPA) to use data submitted by an applicant for registration of a covered product (hereinafter pesticide) in evaluating the application of a subsequent applicant, and to disclose publicly some of the submitted data. Under the data-consideration provisions of 3, as amended in 1978, applicants now are granted a 10-year period of exclusive use for data on new active ingredients contained in pesticides registered after September 30, 1978, while all other data submitted after December 31, 1969, may be cited and considered in support of another application for 15 year...
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Hynes v. Grimes Packing Co. - 337 U.S. 86 (1949) U.S. Supreme Court Hynes v. Grimes Packing Co., 337 U.S. 86 (1949) Hynes v. Grimes Packing Co. No. 24 Argued October 21, 1948 Decided May 31, 1949 337 U.S. 86 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Under 2 of the Act of May 1, 1936, the Secretary of the Interior issued Public Land Order No. 128, designating as an Indian reservation, for the use and benefit of the native inhabitants of Karluk, Alaska, certain described lands and the waters adjacent thereto extending "3,000 feet from the shore line at mean low tide." Claiming authority under the White Act, 43 Stat. 464, which prescribed drastic penalties for violations, the Secretary promulgated a regulation prohibiting commercial fishing in the waters of the reservation except by natives or their licensees. Companies which for years had engaged in canning fish taken from these waters, which depended on that source of supply for profita...
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SEC v. Central-Illinois Securities Corp. - 338 U.S. 96 (1949) U.S. Supreme Court SEC v. Central-Illinois Securities Corp., 338 U.S. 96 (1949) Securities and Exchange Commission v. Central-Illinois Securities Corp. No. 226 Argued January 12-13, 1949 Decided June 27, 1949 * 338 U.S. 96 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The Securities and Exchange Commission approved as fair and equitable an amended plan for dissolution submitted under 11(e) of the Public Utility Holding Company Act of 1935 by a solvent holding company whose capital structure consisted of three classes of preferred and one class of common stock. The plan provided for payment to the preferred stockholders in cash; distribution of the remaining assets to the common stockholders, and dissolution of the company. The preferred stockholders were to be paid the voluntary liquidation values (or call prices) fixed by the charter ($105, $110, and $110, respectively), whic...
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SEC v. United States Realty & Improvement Co. - 310 U.S. 434 (1969) U.S. Supreme Court SEC v. United States Realty & Improvement Co., 310 U.S. 434 (1940) Securities and Exchange Commission v. United States Realty & Improvement Co. No. 796 Argued April 29, 30, 1940 Decided My 27, 1940 310 U.S. 434 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A bankruptcy court has jurisdiction to make orders not subject to collateral attack in a proceeding for an "arrangement" with unsecured creditors brought by a debtor corporation under Chapter XI of the Chandler Act, although the financial and corporate setup of the debtor are such that adequate protection and relief cannot be obtained under the limitations of that chapter, but require a reorganization under Chapter X with the special procedure and safeguards which that chapter affords. P. 310 U. S. 446 . Chapter X, devised as a substitute for the equity receivership, is specially adapted to the reorga...
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Mescalero Apache Tribe v. Jones - 411 U.S. 145 (1973) U.S. Supreme Court Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973) Mescalero Apache Tribe v. Jones No. 71-738 Argued December 12, 1972 Decided March 27, 1973 411 U.S. 145 CERTIORARI TO THE COURT OF APPEAL OF NEW MEXICO Syllabus The State of New Mexico may impose a nondiscriminatory gross receipts tax on a ski resort operated by petitioner Tribe on off-reservation land that the Tribe leased from the Federal Government under 5 of the Indian Reorganization Act, 25 U.S.C. 465. Though 465 exempts the land acquired from state and local taxation, neither that provision nor the federal instrumentality doctrine bars taxing income from the land. But 465 bars a use tax that the State seeks to impose on personalty that the Tribe purchased out of State and which, having been installed as a permanent improvement at the resort, became so intimately connected with the land itself as to be encompassed by the statutory exemption. ...
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Washington v. Confederated Tribes - 447 U.S. 134 (1980) U.S. Supreme Court Washington v. Confederated Tribes, 447 U.S. 134 (1980) Washington v. Confederated Tribes of the Colville Indian Reservation No. 78-630 Argued October 9, 1979 Decided June 10, 1980 * 447 U.S. 134 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON Syllabus These cases concern challenges of several Indian Tribes to efforts by the State of Washington to apply various state taxes and other laws to transactions and activities occurring on Indian reservations. Washington imposes a cigarette excise tax on the "sale, use, consumption, handling, possession or distribution" of cigarettes within the State. It also imposes a general retail sales tax on sales of personal property, including cigarettes. The State sought to compel Indian retailers to collect both taxes with respect to sales of cigarettes to non-Indians, and the latter tax with respect to sales of other goods as well....
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Territory of Guam v. Olsen - 431 U.S. 195 (1977) U.S. Supreme Court Territory of Guam v. Olsen, 431 U.S. 195 (1977) Territory of Guam v. Olsen No. 76-439 Argued March 29, 1977 Decided May 23, 1977 431 U.S. 195 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Provision of 22 of the 1950 Organic Act of Guam that the District Court of Guam "shall have such appellate jurisdiction as the [Guam] legislature may determine" held not to authorize the Guam Legislature to divest the District Court's appellate jurisdiction under the Act to hear appeals from local Guam courts, and to transfer that jurisdiction to the newly created Guam Supreme Court, but to empower the legislature to "determine" that jurisdiction only in the sense of the selection of what should constitute appealable causes. This conclusion is supported not only by the text of 22, which expressly authorizes only a "transfer" of the District Court's original local jurisdiction, but also...
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Creary v. Weeks - 259 U.S. 336 (1922) U.S. Supreme Court Creary v. Weeks, 259 U.S. 336 (1922) United States ex Rel. Creary v. Weeks No. 725 Argued April 20, 1922 Decided May 29, 1922 259 U.S. 336 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. French v. Weeks, ante, 259 U. S. 326 , followed, to the effect that 24b of the Army Reorganization Act does not require personal and judicial action on the part of the President precedent to the final classification of an army officer as one to be retired or discharged from the Army. P. 259 U. S. 342 . 2. Section 24b of the Army Reorganization Act does not violate due process of law in not affording an officer who, after due hearing before a Court of Inquiry, has been classified by the Board of Final Classification as one who should not be retained in the service, a notice and a further hearing before the further determination, by another board, of the question whether the classification was due to his neg...
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Dalehite v. United States - 346 U.S. 15 (1953) U.S. Supreme Court Dalehite v. United States, 346 U.S. 15 (1953) Dalehite v. United States No. 308 Argued April 6-8, 1953 Decided June 8, 1953 346 U.S. 15 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In this action against the United States under the Tort Claims Act to recover damages for a death resulting from the disastrous explosion at Texas City, Tex., of ammonium nitrate fertilizer produced at the instance, according to the specifications, and under the control of the United States, for export to increase the food supply in areas under military occupation following World War II, the District Court found that the explosion resulted from negligence on the part of the Government in adopting the fertilizer export program as a whole, in its control of various phases of manufacturing, packaging, labeling and shipping the product, in failing to give notice of its dangerous nature to persons hand...
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