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Us Supreme Court Court February 1954 Judgments

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Feb 08 1954

Michigan-wisconsIn Pipe Line Co. Vs. Calvert

Court: US Supreme Court

Decided on: Feb-08-1954

Michigan-Wisconsin Pipe Line Co. v. Calvert - 347 U.S. 157 (1954) U.S. Supreme Court Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157 (1954) Michigan-Wisconsin Pipe Line Co. v. Calvert Argued January 5-6, 1954 Decided February 8, 1954 * 347 U.S. 157 APPEAL FROM THE COURT OF CIVIL APPEALS OF TEXAS, THIRD SUPREME JUDICIAL DISTRICT Syllabus 1. A Texas tax on the occupation of "gathering gas," measured by the entire volume of gas "taken," as applied to an interstate natural gas pipeline company, where the taxable incidence is the taking of gas from the outlet of an independent gasoline plant within the State for the purpose of immediate interstate transmission, held invalid under the Commerce Clause of the Federal Constitution. Pp. 347 U. S. 161 -170. (a) The validity of the tax under the Commerce Clause depends upon considerations of constitutional policy having reference to the substantial effects, actual or potential, of the tax in suppressing or unduly burdeni...


Feb 08 1954

irvine Vs. California

Court: US Supreme Court

Decided on: Feb-08-1954

Irvine v. California - 347 U.S. 128 (1954) U.S. Supreme Court Irvine v. California, 347 U.S. 128 (1954) Irvine v. California No. 12 Argued November 30, 1953 Decided February 8, 1954 347 U.S. 128 CERTIORARI TO THE DISTRICT COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT Syllabus After admission of evidence obtained by illegal entries into his home, petitioner was convicted in a California state court on charges of horse-race bookmaking and related offenses under the state anti-gambling laws. Prior to petitioner's arrest, and while he and his wife were absent from their home, a police officer arranged with a locksmith to go there and make a key to the door. On three different occasions, without a search warrant or other process, officers and a technician entered the home by means of this key and installed a concealed microphone in the hall, and later moved it to petitioner's bedroom and thence to a closet. At petitioner's trial, officers were allowed to testify, over...


Feb 08 1954

Partmar Corp. Vs. Paramount Pictures theatres Corp.

Court: US Supreme Court

Decided on: Feb-08-1954

Partmar Corp. v. Paramount Pictures Theatres Corp. - 347 U.S. 89 (1954) U.S. Supreme Court Partmar Corp. v. Paramount Pictures Theatres Corp., 347 U.S. 89 (1954) Partmar Corporation v. Paramount Pictures Theaters Corp. No. 17 Argued October 13, 1953 Decided February 8, 1954 347 U.S. 89 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Paramount leased a theater and granted a franchise to Partmar to exhibit first-run films of Paramount pictures, both for terms of ten years. The lease provided that it was terminable at Paramount's option if the franchise agreement "be cancelled or terminated for any reason whatever." In an antitrust suit by the Government against Paramount and others, a Federal District Court held that such franchise agreements were the product of an illegal conspiracy and enjoined their enforcement. Paramount then notified Partmar that it was terminating the franchise agreement because of the injunction and that it was terminati...


Feb 08 1954

Kern Limerick, Inc. Vs. Scurlock

Court: US Supreme Court

Decided on: Feb-08-1954

Kern Limerick, Inc. v. Scurlock - 347 U.S. 110 (1954) U.S. Supreme Court Kern Limerick, Inc. v. Scurlock, 347 U.S. 110 (1954) Kern Limerick, Inc. v. Scurlock No. 115 Argued January 4, 1954 Decided February 8, 1954 347 U.S. 110 APPEAL FROM THE SUPREME COURT OF ARKANSAS Syllabus The Arkansas Gross Receipts Tax Law of 1941, which levies on sellers an excise tax of 2% on the gross receipts from all sales in the State, held unconstitutional as applied to the transactions here involved, whereby private contractors procured in Arkansas two tractors for use in constructing a naval ammunition depot for the United States under a cost plus fixed fee contract entered into with the Navy Department under 2(c)(10) and 4(b) of the Armed Services Procurement Act of 1947, and providing that, in procuring articles required for accomplishment of the work, the contractor should act as purchasing agent for the Government, title to the articles purchased should pass directly from the vendor to ...


Feb 01 1954

Walder Vs. United States

Court: US Supreme Court

Decided on: Feb-01-1954

Walder v. United States - 347 U.S. 62 (1954) U.S. Supreme Court Walder v. United States, 347 U.S. 62 (1954) Walder v. United States No. 121 Argued November 30, 1953 Decided February 1, 1954 347 U.S. 62 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Because heroin had been obtained from petitioner through unlawful search and seizure, its use in evidence was suppressed on petitioner's motion, and an indictment against him for its possession was dismissed on the Government's motion. In his subsequent trial for other illicit transactions in narcotics, petitioner testified on direct examination that he had never purchased, sold or possessed any narcotics. In order to impeach this testimony, the Government introduced the testimony of an officer who had participated in the unlawful search and seizure of the heroin involved in the earlier proceeding and the chemist who had analyzed it. Held: Petitioner's assertion on direct examination that he ha...


Feb 01 1954

Radio Officers Vs. Labor Board

Court: US Supreme Court

Decided on: Feb-01-1954

Radio Officers v. Labor Board - 347 U.S. 17 (1954) U.S. Supreme Court Radio Officers v. Labor Board, 347 U.S. 17 (1954) Radio Officers' Union of the Commercial Telegraphers Union, AFL v. National Labor Relations Board No. 5. Argued January 8, 1953 Reargued November 9, 1953 Decided February 1, 1954 * 347 U.S. 17 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A complaint filed with the National Labor Relations Board at the instance of a union truck driver charged his union with violating 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act, as amended, by causing his employer to discriminate against him, because of his delinquency in paying union dues, by reducing his seniority standing, and causing him to lose truckdriving assignments which he otherwise would have received. The Board found, inter alia, that the union's exclusive collective bargaining agreement with the employer required establishment of a seniority system and g...


Feb 01 1954

Pereira Vs. United States

Court: US Supreme Court

Decided on: Feb-01-1954

Pereira v. United States - 347 U.S. 1 (1954) U.S. Supreme Court Pereira v. United States, 347 U.S. 1 (1954) Pereira v. United States No. 50 Argued October 20, 1953 Decided February 1, 1954 347 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioners were convicted in a federal court of (1) violating the mail fraud statute, 18 U.S.C. 1341, by causing a letter to be mailed by a bank pursuant to a scheme to defraud, (2) violating the National Stolen Property Act, 18 U.S.C. 2314, by causing a check obtained by fraud to be transported by a bank in Texas to a bank in California for collection, and (3) a conspiracy to commit the two substantive offenses in violation of 18 U.S.C. 371. The charges arose out of a scheme to defraud a wealthy widow of her property. Petitioner Pereira married her and absconded shortly thereafter. She divorced him before the trial, and was permitted to testify against both petitioners over their objections. H...


Feb 01 1954

Delta Air Lines, Inc. Vs. Summerfield

Court: US Supreme Court

Decided on: Feb-01-1954

Delta Air Lines, Inc. v. Summerfield - 347 U.S. 74 (1954) U.S. Supreme Court Delta Air Lines, Inc. v. Summerfield, 347 U.S. 74 (1954) Delta Air Lines, Inc. v. Summerfield Argued December 9-10, 1953 Decided February 1, 1954 * 347 U.S. 74 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Section 406(b) of the Civil Aeronautics Act, as amended, requires the Civil Aeronautics Board, in fixing mail-pay subsidy for air carriers, to "take into consideration . . . the need of each such air carrier for compensation . . . sufficient . . . together with all other revenue of the air carrier, to enable such air carrier . . . to maintain and continue the development" of a national air transportation system. Held: in fixing the mail-pay subsidy for the foreign operations of the carrier here involved during a past period, the Board erred in refusing to offset against the carrier's need for foreign operations excess earnings during the same p...


Feb 01 1954

Western Air Lines Vs. Cab

Court: US Supreme Court

Decided on: Feb-01-1954

Western Air Lines v. CAB - 347 U.S. 67 (1954) U.S. Supreme Court Western Air Lines v. CAB, 347 U.S. 67 (1954) Western Air Lines v. Civil Aeronautics Board Argued December 9-10, 1953 Decided February 1, 1954 * 347 U.S. 67 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Section 406(b) of the Civil Aeronautics Act, as amended, requires the Civil Aeronautics Board, in fixing mail-pay subsidy for air carriers, to "take into consideration . . . the need of each such air carrier for compensation . . . sufficient . . . together with all other revenue of the air carrier, to enable such air carrier . . . to maintain and continue the development" of a national air transportation system. Held: in fixing mail-pay subsidy for the air carrier in this case, the Board was required to take into consideration the carrier's profits derived from (1) the operation of restaurants and other concessions at airports, (2) the sale of tangible assets ...


Feb 01 1954

United States Vs. City of New Britain

Court: US Supreme Court

Decided on: Feb-01-1954

United States v. City of New Britain - 347 U.S. 81 (1954) U.S. Supreme Court United States v. City of New Britain, 347 U.S. 81 (1954) United States v. City of New Britain No. 92 Argued December 1, 1953 Decided February 1, 1954 347 U.S. 81 CERTIORARI TO THE SUPREME COURT OF ERRORS OF CONNECTICUT Syllabus Syllabus Foreclosure sales under two mortgages on real estate of a delinquent taxpayer in Connecticut produced less than enough to satisfy all claims, which included a federal lien created by 3670 of the Internal Revenue Code for unpaid withholding and unemployment taxes and insurance contribution and a City's liens for delinquent real estate taxes and war rent. Connecticut laws provide that real estate tax liens "shall take precedence of all transfers and incumbrances" in any manner affecting the property subject to the lien, and that water-rent liens take "precedence over all other liens or incumbrances except taxes" on the property subject to the liens. The record did no...


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