Us Supreme Court Court April 1954 Judgments
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Barsky Vs. Board of Regents
Court: US Supreme Court
Decided on: Apr-26-1954
Barsky v. Board of Regents - 347 U.S. 442 (1954) U.S. Supreme Court Barsky v. Board of Regents, 347 U.S. 442 (1954) Barsky v. Board of Regents of the University of the State of New York No. 69 Argued January 4, 1954 Decided April 26, 1954 347 U.S. 442 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus Pursuant to 6514 and 6515 of the New York State Education Law, authorizing disciplinary action against any physician "convicted in a court of competent jurisdiction, either within or without this state, of a crime," appellant's license to practice as a physician was suspended for six months because he had been convicted in the United States District Court for the District of Columbia, under 2 U.S.C. 192, of failing to produce before a Congressional Committee certain papers subpoenaed by that Committee. Held: the New York law, on its face or as so construed and applied, does not violate the Due Process Clause of the Fourteenth Amendment. Pp. 347 U. S. 443 -456. (a) Th...
Linehan Vs. Waterfront Commission
Court: US Supreme Court
Decided on: Apr-12-1954
Linehan v. Waterfront Commission - 347 U.S. 439 (1954) U.S. Supreme Court Linehan v. Waterfront Commission, 347 U.S. 439 (1954) Linehan v. Waterfront Commission of New York Harbor No. 557 Decided April 12, 1954 347 U.S. 439 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The motions to affirm are granted and the judgments are affirmed. 116 F.Supp. 683 and 117 F.Supp. 308, affirmed. PER CURIAM. The motions to affirm are granted and the judgments, 116 F.Supp. 683, 117 F.Supp. 308 are affirmed. MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BLACK concurs, dissenting. The case illustrates what I fear is a growing practice of the Court of diluting the Act of Congress which gives us jurisdiction of appeals. 28 U.S.C. 1253 et seq. The Congress carved out a group of cases, of which this is one, that comes here as of right and is not dependent, as are petitions for certiorari, on a vote of four Justices out of nine for an adjudication by...
Maryland Casualty Co. Vs. Cushing
Court: US Supreme Court
Decided on: Apr-12-1954
Maryland Casualty Co. v. Cushing - 347 U.S. 409 (1954) U.S. Supreme Court Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954) Maryland Casualty Co. v. Cushing No. 11 Argued April 27-28, 1953 Reargued November 10, 12, 1953 Decided April 12, 1954 347 U.S. 409 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The owner and charterer of a vessel which collided with a pier and capsized in navigable waters in Louisiana filed consolidated petitions in admiralty in the Federal District Court in Louisiana to limit their liability under the provisions of 46 U.S.C. 183 and 186. Subsequently, basing jurisdiction on diversity of citizenship and the Jones Act, the representatives of five seamen who had drowned brought this consolidated action in the same District Court against the liability underwriters of the owner and charterer of the vessel. For their right to proceed against the insurance companies, the plaintiffs relied on 655 of the Louisiana Insu...
Fcc Vs. American Broadcasting Co., Inc.
Court: US Supreme Court
Decided on: Apr-05-1954
FCC v. American Broadcasting Co., Inc. - 347 U.S. 284 (1954) U.S. Supreme Court FCC v. American Broadcasting Co., Inc., 347 U.S. 284 (1954) Federal Communications Commission v. American Broadcasting Co., Inc. Argued February 1, 1954 Decided April 5, 1954 * 347 U.S. 284 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Regulations of the Federal Communications Commission providing for the denial of licenses to radio and television broadcasting stations which broadcast so-called "give-away" programs, in which prizes are given to persons elected by chance who answer certain questions correctly but who are not required to contribute any money or other valuable consideration held invalid as going beyond the scope of 18 U.S.C. 1304, and thus exceeding the rulemaking power of the Commission. Pp. 347 U. S. 285 -297. (a) Unless such "give-away" programs are illegal under 18 U.S.C. 1304, the Commission cannot employ the statute to mak...
Alaska Steamship Co., Inc. Vs. Petterson
Court: US Supreme Court
Decided on: Apr-05-1954
Alaska Steamship Co., Inc. v. Petterson - 347 U.S. 396 (1954) U.S. Supreme Court Alaska Steamship Co., Inc. v. Petterson, 347 U.S. 396 (1954) Alaska Steamship Co., Inc. v. Petterson No. 287 Argued March 8-9, 1954 Decided April 5, 1954 347 U.S. 396 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The judgment below is affirmed on the authority of the cases cited . 205 F. 2d 478, affirmed. PER CURIAM. The judgment is affirmed. Seas Shipping Co. v. Sieracki, 328 U. S. 85 , 328 U. S. 100 ; Pope & Talbot v. Hawn, 346 U. S. 406 . MR. JUSTICE BURTON, with whom MR. JUSTICE FRANKFURTER and MR. JUSTICE JACKSON join, dissenting. The Sieracki [ Footnote 1 ] and Pope & Talbot [ Footnote 2 ] cases cited as the basis for the Court's decision do not justify the result announced. They evidence this Court's latest and broadest statement of a shipowner's liability for the unseaworthiness of his ship and its equipment, but they do not reach th...
Miller Brothers Co. Vs. Maryland
Court: US Supreme Court
Decided on: Apr-05-1954
Miller Brothers Co. v. Maryland - 347 U.S. 340 (1954) U.S. Supreme Court Miller Brothers Co. v. Maryland, 347 U.S. 340 (1954) Miller Brothers Co. v. Maryland No. 160 Argued January 5, 1954 Decided April 5, 1954 347 U.S. 340 APPEAL FROM THE COURT OF APPEALS OF MARYLAND Syllabus A Delaware merchandising corporation sells directly to customers at its store in Delaware. It does not accept mail or telephone orders, and makes no solicitation of customers other than by newspaper, radio, and occasional direct mail advertising. Residents of nearby Maryland come to the store and make purchases which they take away or which are delivered to them in Maryland by common carrier or by the store's own truck. Maryland lays upon its residents an excise tax on "the use, storage, or consumption" in the State of such articles, and it requires every vendor to collect and remit the tax to the State. The Delaware store did not do this, and a truck belonging to it was seized in Maryland and held lia...
Thompson Vs. Lawson
Court: US Supreme Court
Decided on: Apr-05-1954
Thompson v. Lawson - 347 U.S. 334 (1954) U.S. Supreme Court Thompson v. Lawson, 347 U.S. 334 (1954) Thompson v. Lawson No. 352 Argued March 9, 1954 Decided April 5, 1954 347 U.S. 334 CERTIORARI TO THE UNITED STATES COURT OF APPEAL FOR THE FIFTH CIRCUIT Syllabus Otis and Julia Thompson were married in 1921, and lived together as husband and wife until 1925, when Otis deserted her. They were never divorced, but they never lived together again, and he never contributed anything to her support or that of their two children, nor did she ever seek to have him do so. Otis "married" another woman in 1929. In 1940, Julia "married" another man, and thereafter lived and held herself out as the latter's wife. She was divorced from him in 1949. Shortly before Otis' death, he asked Julia to "take him back," but she refused, having no intention of ever again living with him and resuming the relationship of husband and wife. Held: at the time of Otis' death in 1951, Julia was not his "wi...
Sacher Vs. Association of the Bar
Court: US Supreme Court
Decided on: Apr-05-1954
Sacher v. Association of the Bar - 347 U.S. 388 (1954) U.S. Supreme Court Sacher v. Association of the Bar, 347 U.S. 388 (1954) Sacher v. Association of the Bar of the City of New York No. 307 Argued March 11, 1954 Decided April 5, 1954 347 U.S. 388 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In view of the entire record in this case, and the findings of the courts below, petitioner's permanent disbarment by the District Court for his conduct in the trial of the Dennis case is set aside as unnecessarily severe, and the cause is remanded for further proceedings. Pp. 347 U. S. 388 -389. 206 F.2d 358 reversed and remanded. PER CURIAM. This is a proceeding brought by respondent bar associations in the United States District Court for the Southern District of New York for the disbarment of petitioner from practice in that court. Petitioner had previously been convicted of contempt in the same court. See Sacher v. United States, 343 U...
St. Joe Paper Co. Vs. Atlantic Coast Line R. Co.
Court: US Supreme Court
Decided on: Apr-05-1954
St. Joe Paper Co. v. Atlantic Coast Line R. Co. - 347 U.S. 298 (1954) U.S. Supreme Court St. Joe Paper Co. v. Atlantic Coast Line R. Co., 347 U.S. 298 (1954) St. Joe Paper Co. v. Atlantic Coast Line Railroad Co. Argued October 15, 1953 Decided April 5, 1954 * 347 U.S. 298 CERTIORARI TO THE COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The Interstate Commerce Commission does not have the power under 77 of the Bankruptcy Act to initiate and submit to a district court a plan of reorganization whereby a debtor railroad would be compelled to merge with another railroad having no prior connection with the debtor. Pp. 299-315. (a) Subsection b(5) of 77 of the Bankruptcy Act does not give to the Commission a power which Congress has repeatedly denied to the Commission under the Interstate Commerce Act -- i.e., the power to initiate the merger or consolidation of two independent railroads. Pp. 347 U. S. 303 -306. (b) The "consistency" clause of 77(f) of the Bankruptcy Act ...
Brownell Vs. Singer
Court: US Supreme Court
Decided on: Apr-05-1954
Brownell v. Singer - 347 U.S. 403 (1954) U.S. Supreme Court Brownell v. Singer, 347 U.S. 403 (1954) Brownell v. Singer Argued March 8, 1954 Decided April 5, 1954 * 347 U.S. 403 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus The judgment below is reversed on the authority of Zittman v. McGrath, 341 U. S. 471 . PER CURIAM. Reversed. Zittman v. McGrath, 341 U. S. 471 . THE CHIEF JUSTICE did not participate in the consideration or decision of this case. * Together with No. 402, Superintendent of Banks of the State of New York, Liquidator v. Singer, also on certiorari to the same court. MR. JUSTICE JACKSON, with whom MR. JUSTICE FRANKFURTER and MR. JUSTICE DOUGLAS join, dissenting. The Court's one-word decision reverses concurring judgments of three highly respected courts -- the Court of Appeals of New York, the Appellate Division of the Page 347 U. S. 404 Supreme Court, First Department, and the Supreme Court, Special Term, New York County. It cites a s...
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