Us Supreme Court Court February 1944 Judgments
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Goodyear Tire and Rubber Co., Inc. Vs. Ray-o-vac Co.
Court: US Supreme Court
Decided on: Feb-28-1944
Goodyear Tire & Rubber Co., Inc. v. Ray-O-Vac Co. - 321 U.S. 275 (1944) U.S. Supreme Court Goodyear Tire & Rubber Co., Inc. v. Ray-O-Vac Co., 321 U.S. 275 (1944) Goodyear Tire & Rubber Co., Inc. v. Ray-O-Vac Co. No. 262 Argued February 2, 3, 1944 Decided February 28, 1944 321 U.S. 275 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Concurrent findings of the District Court and the Circuit Court of Appeals in a patent infringement suit will not be set aside unless clearly erroneous. P. 321 U. S. 278 . 2. Anthony Patent No. 2,19,423, Claims 1, 2 and 3, for a leakproof dry cell for a flashlight battery, held valid and infringed. P. 321 U. S. 278 . 3. Defenses based on insufficiency of description of the invention and on file-wrapper estoppel are not supported by the evidence. P. 321 U. S. 279 . 136 F.2d 159 affirmed. Certiorari, 320 U.S. 727, to review the affirmance of a decree for the plaintiff (45 F.Supp. 927) in a suit for infring...
Hecht Co. Vs. Bowles
Court: US Supreme Court
Decided on: Feb-28-1944
Hecht Co. v. Bowles - 321 U.S. 321 (1944) U.S. Supreme Court Hecht Co. v. Bowles, 321 U.S. 321 (1944) The Hecht Co. v. Bowles No. 316 Argued February 3, 4, 1944 Decided February 28, 1944 321 U.S. 321 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Under 205(a) of the Emergency Price Control Act of 1942, the grant of an injunction, upon application of the Administrator and a showing that the defendant has engaged in acts or practice violative of 4 of the Act, is not mandatory, but is in the discretion of the court. P. 321 U. S. 328 . 2. The discretion of the court under 205(a) must be exercised in the light of the large objectives of the Act, for, in these cases, the standards of the public interest, not the requirement of private litigation, measure the propriety and need of injunctive relief. P. 321 U. S. 331 . 3. Whether, upon the facts of this case, the District Court's refusal of an injunction was an abuse of discretion ...
Flournoy Vs. Wiener
Court: US Supreme Court
Decided on: Feb-28-1944
Flournoy v. Wiener - 321 U.S. 253 (1944) U.S. Supreme Court Flournoy v. Wiener, 321 U.S. 253 (1944) Flournoy v. Wiener No. 252 Argued February 4, 7, 1944 Decided February 28, 1944 321 U.S. 253 APPEAL FROM THE SUPREME COURT OF LOUISIANA Syllabus 1. Upon review of a decision of a state court, either on appeal or on certiorari, this Court will not pass upon or consider federal questions not assigned as error or designated in the points to be relied upon, even though they were properly presented to and passed upon by the state court. P. 321 U. S. 259 . 2. The state court having rested its decision in this case upon (1) the invalidity of the federal Act under the Fifth Amendment and (2) the invalidity of the state Act under the Fourteenth Amendment, either of which grounds was adequate to support the judgment, and the appellant having assigned as error only the Fifth Amendment question, and the Fourteenth Amendment question not having been briefed or argued by either party in ...
Stark Vs. Wickard
Court: US Supreme Court
Decided on: Feb-28-1944
Stark v. Wickard - 321 U.S. 288 (1944) U.S. Supreme Court Stark v. Wickard, 321 U.S. 288 (1944) Stark v. Wickard No. 211 Argued January 14, 1944 Decided February 28, 1944 321 U.S. 288 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Under the Agricultural Marketing Agreement Act of 1937, the Secretary of Agriculture promulgated an order regulating the marketing of milk in the Greater Boston area. The order provided for fixing minimum prices to be paid to producers, and the prescribed formula authorized a deduction for certain payments to cooperatives. Producers, claiming that the Secretary, by the provisions for payments to cooperatives, was unlawfully diverting funds which belonged to producers, brought suit in the federal district court to enjoin the Secretary from carrying out the challenged provisions of the order. Held, that the producers had standing to sue. Pp. 321 U. S. 289 , 321 U. S. 305 . 2. Although a judicial exam...
Security Flour Mills Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-28-1944
Security Flour Mills Co. v. Commissioner - 321 U.S. 281 (1944) U.S. Supreme Court Security Flour Mills Co. v. Commissioner, 321 U.S. 281 (1944) Security Flour Mills Co. v. Commissioner of Internal Revenue No. 276 Argued February 10, 1944 Decided February 28, 1944 321 U.S. 281 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. The rule that a taxpayer (on the accrual basis) may not accrue an expense the amount of which is unsettled or the liability for which is contingent is applicable to a tax the liability for which he denies and payment of which he is contesting. P. 321 U. S. 284 . 2. In 1935, a taxpayer (on the accrual basis) made sales of flour at prices which included an amount sufficient to cover a federal processing tax. In the same year, the taxpayer obtained a temporary injunction against collection of the tax, on condition that the amount thereof be deposited pendente lite. In 1936, the tax was held invalid, and the impounded funds w...
Telegraphers Vs. Railway Express Agency, Inc.
Court: US Supreme Court
Decided on: Feb-28-1944
Telegraphers v. Railway Express Agency, Inc. - 321 U.S. 342 (1944) U.S. Supreme Court Telegraphers v. Railway Express Agency, Inc., 321 U.S. 342 (1944) Order of Railroad Telegraphers v. Railway Express Agency, Inc. No. 343 Argued November 10, 1943 Decided February 28, 1944 321 U.S. 342 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Failure of the carrier to give notice, to the representative of the employees, of an intended change affecting rates of pay of certain individual employees was in violation of 6 of the Railway Labor Act of 1926, applicable to the collective agreement in question, and rendered ineffective the individual agreements entered into, and the award of the Adjustment Board, based on the collective agreement, was in accordance with law. P. 321 U. S. 346 . 2. An award of the Adjustment Board under the Railway Labor Act, held enforceable in a proceeding in the federal district court begun within two years of the date of th...
J. I. Case Co. Vs. Labor Board
Court: US Supreme Court
Decided on: Feb-28-1944
J. I. Case Co. v. Labor Board - 321 U.S. 332 (1944) U.S. Supreme Court J. I. Case Co. v. Labor Board, 321 U.S. 332 (1944) J. I. Case Co. v. National Labor Relations Board No. 67 Argued January 3, 1944 Decided February 28, 1944 321 U.S. 332 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. In view of the continuing character of the obligation imposed on the employer by the order of the National Labor Relations Board, the subsequent expiration of the contracts in question and the employer's entry into a collective bargaining agreement did not render the case moot. P. 321 U. S. 334 . 2. That an employer has individual contracts of employment, covering wages, hours and working conditions, with a majority of his employees, which contracts were valid when made and are unexpired, does not preclude exercise by the employees of their right under the National Labor Relations Act to choose a representative for collective bargaining, nor warrant refusal ...
Anderson Nat'l Bank Vs. Luckett
Court: US Supreme Court
Decided on: Feb-28-1944
Anderson Nat'l Bank v. Luckett - 321 U.S. 233 (1944) U.S. Supreme Court Anderson Nat'l Bank v. Luckett, 321 U.S. 233 (1944) Anderson National Bank v. Luckett No. 154 Argued February 2, 1944 Decided February 28, 1944 321 U.S. 233 APPEAL FROM THE COURT OF APPEALS OF KENTUCKY Syllabus A statute of Kentucky sets up a comprehensive scheme for the administration of abandoned bank deposits. Upon a report by the bank and notice to the depositor, and with an opportunity for either to be heard, the State takes into its protective custody bank accounts which, having been inactive for at least ten years if demand accounts or for at least twenty-five years if nondemand, the statute declares to be presumptively abandoned. The bank is relieved of its liability to the depositor, who receives instead a claim against the State, enforceable at any time until the deposit is judicially found to be abandoned and for five years thereafter. Refusal by the designated state officer to make payment is...
Dobson Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-14-1944
Dobson v. Commissioner - 321 U.S. 231 (1944) U.S. Supreme Court Dobson v. Commissioner, 321 U.S. 231 (1944) Dobson v. Commissioner of Internal Revenue No. 44 Decided February 14, 1944 * 321 U.S. 231 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The recoveries here in question were not, as matter of law ,proceeds of the "sale or exchange" of a capital asset, and were properly taxed as ordinary income, rather than as capital gain under 117 of the Internal Revenue Code. P. 321 U. S. 232 . Rehearing denied. On petition for rehearing of two of the four cases decided in Dobson v. Commissioner, 320 U. S. 489 . MR. JUSTICE JACKSON delivered the opinion of the Court. Petition for rehearing in two of the four cases decided together on December 20, 1943, states that these contained an issue not present and not considered in the main case. In these two cases, the Tax Court held that recoveries by these taxpayers in 1939 did constitute taxable inco...
R. Simpson and Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-14-1944
R. Simpson & Co. v. Commissioner - 321 U.S. 225 (1944) U.S. Supreme Court R. Simpson & Co. v. Commissioner, 321 U.S. 225 (1944) R. Simpson & Co. v. Commissioner of Internal Revenue No. 1 Argued January 12, 1944 Decided February 14, 1944 321 U.S. 225 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Of a case to which 1140(b)(2) of the Internal Revenue Code is applicable, this Court is without jurisdiction after a petition for a writ of certiorari has been denied and the period of 25 days allowed by Rule 33 for filing a petition for rehearing has expired. P. 321 U. S. 229 . 128 F.2d 742, writ dismissed. Certiorari, 319 U.S. 778, to review the affirmance of a decision of the Board of Tax Appeals, 44 B.T.A. 498. This Court had previously denied certiorari, 317 U.S. 677. Page 321 U. S. 226 MR. JUSTICE JACKSON delivered the opinion of the Court. For the years 1934, 1935, and 1936, the taxpayer, a corporation, filed complete income and excess prof...
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