Us Supreme Court Court May 1949 Judgments
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Smith Vs. United States
Court: US Supreme Court
Decided on: May-31-1949
Smith v. United States - 337 U.S. 137 (1949) U.S. Supreme Court Smith v. United States, 337 U.S. 137 (1949) Smith v. United States No. 292 Argued March 4, 7, 1949 Decided May 31, 1949 337 U.S. 137 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In a prosecution for violations of the Second War Powers Act and for conspiracy to violate the Emergency Price Control Act of 1942, petitioner claimed immunity under 202 of the latter Act, which incorporates the immunity provisions of the Compulsory Testimony Act of 1893. The charges involved misuse of priorities for materials and conspiracy to sell goods at above-ceiling prices. The claim of immunity from prosecution was based on testimony given by petitioner before an examiner of the Office of Price Administration in response to subpoenas issued by that office. Held: 1. Petitioner having claimed and relied on his privilege from the beginning of his examination, and his testimony, in part at least...
United States Vs. Penn Foundry and Mfg. Co., Inc.
Court: US Supreme Court
Decided on: May-31-1949
United States v. Penn Foundry & Mfg. Co., Inc. - 337 U.S. 198 (1949) U.S. Supreme Court United States v. Penn Foundry & Mfg. Co., Inc., 337 U.S. 198 (1949) United States v. Penn Foundry & Manufacturing Co., Inc. No. 253 Argued January 7, 10, 1949 Decided May 31, 1949 337 U.S. 198 CERTIORARI TO THE COURT OF CLAIMS Syllabus It was error for the Court of Claims to give a judgment to a manufacturer against the United States for loss of anticipated profits under a contract for the manufacture of gun mounts for the Navy which was canceled a few days after it was awarded when the Court failed to make any affirmative finding that the manufacturer was ready and able to perform its contractual obligations and when it made affirmative findings which precluded any inference that such readiness and capacity existed. Pp. 337 U. S. 199 , 337 U. S. 210 -214. (a) In the absence of actual tenders of the required gun mounts, the manufacturer's readiness and capacity to deliver them in the...
Hynes Vs. Grimes Packing Co.
Court: US Supreme Court
Decided on: May-31-1949
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...
Urie Vs. Thompson
Court: US Supreme Court
Decided on: May-31-1949
Urie v. Thompson - 337 U.S. 163 (1949) U.S. Supreme Court Urie v. Thompson, 337 U.S. 163 (1949) Urie v. Thompson No. 129 Argued January 3, 1949 Decided May 31, 1949 337 U.S. 163 CERTIORARI TO THE SUPREME COURT OF MISSOURI Syllabus 1. The coverage of the Federal Employers' Liability Act and the Boiler Inspection Act is not confined to injuries resulting from accidents, but includes injuries in the nature of occupational diseases, such as silicosis. Pp. 337 U. S. 173 -175, 337 U. S. 180 -196. (a) Negligence of an interstate railroad which results in a locomotive fireman's contracting silicosis as a result of inhaling silica dust gives rise to a cause of action under the Federal Employers' Liability Act independently of the Boiler Inspection Act. Pp. 337 U. S. 173 -175, 180-187. (b) Failure of an interstate railroad to maintain sanders on its locomotives in good condition, pursuant to provisions of the Boiler Inspection Act, is negligence per se, and gives rise to a c...
Empresa Siderurgica, S.A. Vs. County of Merced
Court: US Supreme Court
Decided on: May-31-1949
Empresa Siderurgica, S.A. v. County of Merced - 337 U.S. 154 (1949) U.S. Supreme Court Empresa Siderurgica, S.A. v. County of Merced, 337 U.S. 154 (1949) Empresa Siderurgica, S.A. v. County of Merced No. 327 Argued February 9, 1949 Decided May 31, 1949 337 U.S. 154 APPEAL FROM THE SUPREME COURT OF CALIFORNIA Syllabus A cement plant in California was sold to a foreign purchaser for export. An export license was obtained, and a letter of credit in favor of the seller deposited here. Title passed and possession was taken for the purchaser. A common carrier was employed to dismantle the plant and prepare it for shipment. As the dismantling proceeded, shipments were labeled with the purchaser's name as consignee and delivered to a rail carrier. When 12% had been shipped, 10% had been prepared for shipment, 34% had been dismantled but not prepared for shipment, and 44% had not been dismantled, a municipality, acting under a California statute, levied a personal property tax on the...
Kilpatrick Vs. Texas and Pacific Railway Co.
Court: US Supreme Court
Decided on: May-31-1949
Kilpatrick v. Texas & Pacific Railway Co. - 337 U.S. 75 (1949) U.S. Supreme Court Kilpatrick v. Texas & Pacific Railway Co., 337 U.S. 75 (1949) Kilpatrick v. Texas & Pacific Railway Co. No. 233, Misc. Argued February 8, 1949 Decided May 31, 1949 337 U.S. 75 MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS OR CERTIORARI Syllabus Under 28 U.S.C. 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to actions under the Federal Employers' Liability Act. Ex parte Collett, ante, p. 337 U. S. 55 . Pp. 337 U. S. 75 -78. Motion denied. Under 28 U.S.C. 1404(a), a Federal District Court in which an action under the Federal Employers' Liability Act had been brought transferred it to a District Court in another District. Petitioner moved in this Court for leave to file a petition for a writ of certiorari or a writ of mandamus or any appropriate relief. The case was assigned for h...
Ex Parte Collett
Court: US Supreme Court
Decided on: May-31-1949
Ex Parte Collett - 337 U.S. 55 (1949) U.S. Supreme Court Ex Parte Collett, 337 U.S. 55 (1949) Ex Parte Collett No. 206, Misc. Argued February 7, 1949 Decided May 31, 1949 337 U.S. 55 MOTION FOR LEAVE TO FILE PETITION FOR WRITS OF MANDAMUS AND PROHIBITION Syllabus Under 28 U.S.C. 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to actions under the Federal Employers' Liability Act. Pp. 337 U. S. 56 -72. 1. This conclusion is required by the clear and unambiguous language of 1404(a), which applies generally to "any civil action." Pp. 337 U. S. 58 -59. 2. It involves no implied repeal of 6 of the Federal Employers' Liability Act, since that deals with the places where actions may be brought originally, whereas 28 U.S.C. 1404(a) deals with the right to transfer an action properly brought. Pp. 337 U. S. 59 -61. 3. The legislative history of the revision of the Judicial C...
Labor Board Vs. Crompton-highland Mills, Inc.
Court: US Supreme Court
Decided on: May-31-1949
Labor Board v. Crompton-Highland Mills, Inc. - 337 U.S. 217 (1949) U.S. Supreme Court Labor Board v. Crompton-Highland Mills, Inc., 337 U.S. 217 (1949) Labor Board v. Crompton-Highland Mills, Inc. No. 197 Argued January 31, 1949 Decided May 31, 1949 337 U.S. 217 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. An employer producing goods for interstate commerce engaged in extensive negotiations as to many matters, including rates of pay, with a union duly certified as the collective bargaining representative of most of its production and maintenance employees at a certain plant. It offered a small wage increase, which was rejected, and the negotiations reached something of an impasse. Twelve days later, the employer, without consulting the union, put into effect a substantially greater general wage increase applicable to most of the employees represented in the negotiations. Held: In these circumstances, this action constituted an unfair l...
United States Vs. National City Lines, Inc.
Court: US Supreme Court
Decided on: May-31-1949
United States v. National City Lines, Inc. - 337 U.S. 78 (1949) U.S. Supreme Court United States v. National City Lines, Inc., 337 U.S. 78 (1949) United States v. National City Lines, Inc. No. 269, Misc. Argued February 8, 1949 Decided May 31, 1949 337 U.S. 78 MOTION FOR LEAVE TO FILE PETITION FOR CERTIORARI Syllabus Under 28 U.S.C. 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to civil suits by the Government against corporations under the antitrust laws. Ex parte Collett, ante, p. 337 U. S. 55 ; Kilpatrick v. Texas & Pacific R. Co., ante p. 337 U. S. 75 . Pp. 337 U. S. 79 -84. Motion denied. Under 28 U.S.C. 1404(a), a Federal District Court in which the Government had instituted a civil suit against certain corporations under the Sherman Act transferred it to a District Court in another District. 80 F.Supp. 734. The Government moved in this Court for leave to f...
Brooks Vs. United States
Court: US Supreme Court
Decided on: May-16-1949
Brooks v. United States - 337 U.S. 49 (1949) U.S. Supreme Court Brooks v. United States, 337 U.S. 49 (1949) Brooks v. United States No. 388 Argued March 2, 1949 Decided May 16, 1949 * 337 U.S. 49 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. That a person was a member of the armed forces at the time of the accident does not prevent recovery of a judgment against the United States under the Federal Tort Claims Act for his death or injury (not incident to his services in the armed forces) resulting from the negligence of an employee of the Government. Pp. 337 U. S. 50 -53. 2. This does not necessarily mean that the amount payable under servicemen's benefit laws should not be deducted, or taken into consideration, when a serviceman obtains a judgment against the Government under the Federal Tort Claims Act. Pp. 337 U. S. 53 -54. 169 F.2d 840 reversed. A District Court gave judgment against the Government under the Federal Tort Clai...
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