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Us Supreme Court Court December 1950 Judgments

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Dec 11 1950

Ackermann Vs. United States

Court: US Supreme Court

Decided on: Dec-11-1950

Ackermann v. United States - 340 U.S. 193 (1950) U.S. Supreme Court Ackermann v. United States, 340 U.S. 193 (1950) Ackermann v. United States No. 35 Argued October 19, 1950 Decided December 11, 1950 * 340 U.S. 193 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In proceedings against petitioner, his wife, and a relative, the District Court in 1943 entered judgments canceling their certificates of naturalization on grounds of fraud. Petitioner and his wife did not appeal, but the relative appealed, and the judgment against him was reversed. More than four years after rendition of the judgment against petitioner, he filed in the District Court a motion to set aside the denaturalization judgment under amended Rule 60(b) of the Federal Rules of Civil Procedure. He alleged that the denaturalization judgment was erroneous; that he did not appeal because his attorney advised him that he would have to sell his home to pay costs, and that a federal ...


Dec 11 1950

Phillips Petroleum Co. Vs. Oklahoma

Court: US Supreme Court

Decided on: Dec-11-1950

Phillips Petroleum Co. v. Oklahoma - 340 U.S. 190 (1950) U.S. Supreme Court Phillips Petroleum Co. v. Oklahoma, 340 U.S. 190 (1950) Phillips Petroleum Co. v. Oklahoma No. 73 Argued November 9-10, 1950 Decided December 11, 1950 340 U.S. 190 APPEAL FROM THE SUPREME COURT OF OKLAHOMA Syllabus Appellant is a producer of gas in an Oklahoma natural gas field, but does not purchase from other producers in that field. The gas which it produces is transported through its own facilities to Texas, where it processes the gas, utilizes or sells the byproducts, and sells the residue of natural gas to pipeline companies. Held: orders of the Oklahoma Corporation Commission fixing a minimum wellhead price on all gas taken from the Oklahoma field, as applied to appellant, are not unreasonably vague, and are valid under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the Federal Constitution. Pp. 340 U. S. 191 -192. 203 Okla. 35, 220 P.2d 279, affirmed. The va...


Dec 11 1950

United States Vs. Louisiana

Court: US Supreme Court

Decided on: Dec-11-1950

United States v. Louisiana - 340 U.S. 899 (1950) U.S. Supreme Court United States v. Louisiana, 340 U.S. 899 (1950) United States v. Louisiana No. 12, Original Decided December 11, 1950 Rehearing denied Feb. 26, 1951 340 U.S. 899 See 340 U.S. 939. Page 340 U. S. 900 A decree is entered as follows: This cause came on to be heard on the motion for judgment filed by the plaintiff and was argued by counsel. For the purpose of carrying into effect the conclusions of this Court as stated in its opinion announced June 5, 1950, 339 U. S. 339 U.S. 699, it is ordered, adjudged, and decreed as follows: 1. The United States is now, and has been at all times pertinent hereto, possessed of paramount rights in, and full dominion and power over, the lands, minerals, and other things underlying the Gulf of Mexico, lying seaward of the ordinary low-water mark on the coast of Louisiana, and outside of the inland waters, extending seaward twenty-seven marine miles and bounded on the east ...


Dec 11 1950

Mcgrath Vs. Kristensen

Court: US Supreme Court

Decided on: Dec-11-1950

McGrath v. Kristensen - 340 U.S. 162 (1950) U.S. Supreme Court McGrath v. Kristensen, 340 U.S. 162 (1950) McGrath v. Kristensen No. 34 Argued October 19-20, 1950 Decided December 11, 1950 340 U.S. 162 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus 1. A justiciable question under Article III of the Constitution is presented by the suit of an alien for a judgment declaring that, in passing on his application for suspension of deportation under 19(c) of the Immigration Act, the Attorney General and other immigration and naturalization officials must act on the assumption that he is eligible for naturalization. Pp. 340 U. S. 167 -169. (a) A different result is not required by the provision of 19(c) that suspensions of deportation for more than six months must be submitted to Congress for approval, since the Attorney General is given final power to suspend deportation for at least six months. Chicago & Southern Air Lines v. W...


Dec 11 1950

Blau Vs. United States

Court: US Supreme Court

Decided on: Dec-11-1950

Blau v. United States - 340 U.S. 159 (1950) U.S. Supreme Court Blau v. United States, 340 U.S. 159 (1950) Blau v. United States No. 22 Argued November 7, 1950 Decided December 11, 1950 340 U.S. 159 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. It is a violation of the Fifth Amendment to compel a witness who objects on the ground of self-incrimination to testify before a grand jury in response to questions concerning his employment by the Communist Party or intimate knowledge of its operations when there is in effect a statute such as the Smith Act, 18 U.S.C. 2385, making it a crime to advocate, or to affiliate with a group which advocates, overthrow of the Government by force. Pp. 340 U. S. 159 -161 . 2. It is immaterial whether answers to the questions asked would have been sufficient, standing alone, to support a conviction when they would have furnished a link in the chain of evidence needed in a prosecution of the witness for vio...


Dec 11 1950

Cities Service Co. Vs. Peerless Co.

Court: US Supreme Court

Decided on: Dec-11-1950

Cities Service Co. v. Peerless Co. - 340 U.S. 179 (1950) U.S. Supreme Court Cities Service Co. v. Peerless Co., 340 U.S. 179 (1950) Cities Service Co. v. Peerless Co. No. 153 Argued November 9-10, 1950 Decided December 11, 1950 340 U.S. 179 APPEAL FROM THE SUPREME COURT OF OKLAHOMA Syllabus The Oklahoma Corporation Commission, after hearings and on findings made in proceedings before it, issued an order fixing a minimum wellhead price on all gas taken from a natural gas field located within the State. A second order directed appellant, a producer in this field and operator of an interstate gas pipeline system, to take gas ratably from another producer in the field at the price fixed in the first order. A large percentage of the production of the field was sold in interstate commerce. Held: the orders of the Commission were valid under the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Commerce Clause of the Federal Constitution. Pp. 340 U. S....


Dec 04 1950

Gusik Vs. Schilder

Court: US Supreme Court

Decided on: Dec-04-1950

Gusik v. Schilder - 340 U.S. 128 (1950) U.S. Supreme Court Gusik v. Schilder, 340 U.S. 128 (1950) Gusik v. Schilder No. 110 Argued November 10, 1950 Decided December 4, 1950 340 U.S. 128 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Article 53 of the Articles of War gives the Judge Advocate General discretion to grant a new trial in any court-martial case. Held: A federal court should not entertain a petition for habeas corpus on behalf of one imprisoned under a sentence of a court-martial until the remedy afforded by Article 53 has been exhausted, notwithstanding that the petition for habeas corpus was filed prior to the effective date of the Article and that the petitioner had exhausted the previously existing administrative remedies. Pp. 340 U. S. 129 -134. 2. Article 53 is applicable to World War II court-martial cases in which appellate review was completed prior to the effective date of the Article or in which habeas corpus pr...


Dec 04 1950

Whelchel Vs. Mcdonald

Court: US Supreme Court

Decided on: Dec-04-1950

Whelchel v. McDonald - 340 U.S. 122 (1950) U.S. Supreme Court Whelchel v. McDonald, 340 U.S. 122 (1950) Whelchel v. McDonald No. 109 Argued November 10, 1950 Decided December 4, 1950 340 U.S. 122 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner, while on active duty with the United States Army in Germany, was convicted of rape by a general court-martial. He applied to the Federal District Court for a writ of habeas corpus, challenging the legality of his detention under the sentence, on the ground that he was insane at the time of the offense. Held: the military tribunal that tried petitioner was not deprived of jurisdiction by the manner in which the insanity issue was dealt with, and habeas corpus was therefore not an available remedy. Pp. 340 U. S. 123 -127. 1. Under the law governing court-martial procedure, there must be afforded a defendant at some point of time an opportunity to tender the issue of insanity, and petition...


Dec 04 1950

A. and P. Tea Co. Vs. Supermarket Corp.

Court: US Supreme Court

Decided on: Dec-04-1950

A. & P. Tea Co. v. Supermarket Corp. - 340 U.S. 147 (1950) U.S. Supreme Court A. & P. Tea Co. v. Supermarket Corp., 340 U.S. 147 (1950) Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. No. 32 Argued October 18-19, 1950 Decided December 4, 1950 340 U.S. 147 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Claims 4, 5 and 6 of the Turnham patent No. 2,242,408, for a cashier's counter and movable frame for "cash and carry" grocery stores, held invalid for want of invention. Pp. 340 U. S. 148 -154. (a) The extension of the counter alone was not sufficient to sustain the patent, unless, together with the other old elements, it made up a new combination patentable as such. Pp. 340 U. S. 149 -150. (b) The mere combination of a number of old parts or elements which, in combination, perform or produce no new or different function or operation than that theretofore performed or produced by them, is not patentable invention. P. 34...


Dec 04 1950

Feres Vs. United States

Court: US Supreme Court

Decided on: Dec-04-1950

Feres v. United States - 340 U.S. 135 (1950) U.S. Supreme Court Feres v. United States, 340 U.S. 135 (1950) Feres v. United States Argued October 12, 1950 Decided December 4, 1950 * 340 U.S. 135 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. Pp. 340 U. S. 136 -146. (a) The Tort Claims Act should be construed to fit, so far as will comport with its words, into the entire statutory system of remedies against the Government to make a workable, consistent, and equitable whole. P. 340 U. S. 139 . (b) One of the purposes of the Act was to transfer from Congress to the courts the burden of examining tort claims against the Government, and Congress was not burdened with private bills on behalf of military and naval perso...


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