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Us Supreme Court Court February 1955 Judgments

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Feb 28 1955

Sec Vs. Drexel and Co.

Court: US Supreme Court

Decided on: Feb-28-1955

SEC v. Drexel & Co. - 348 U.S. 341 (1955) U.S. Supreme Court SEC v. Drexel & Co., 348 U.S. 341 (1955) Securities and Exchange Commission v. Drexel & Co. No. 153 Argued February 9, 1955 Decided February 28, 1955 348 U.S. 341 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Securities and Exchange Commission held to have jurisdiction under 10, 11 and 12 of the Public Utility Holding Company Act of 1935 to pass on a fee to be paid by Electric Bond & Share Co. to Drexel & Co. in connection with a reorganization plan filed by its subsidiary, Electric Power & Light Corp., under 11(e) of the Act. Pp. 348 U. S. 342 -349. (a) It was necessary by the terms of the Act that Bond & Share obtain the Commission's approval of the steps required of it by the plan of reorganization. P. 348 U. S. 343 . (b) Bond & Share's exchange of its securities for new securities was a "sale" under the Act; its receipt of new securities was an "acquisition" und...


Feb 28 1955

BoudoIn Vs. Lykes Brothers Steamship Co., Inc.

Court: US Supreme Court

Decided on: Feb-28-1955

Boudoin v. Lykes Brothers Steamship Co., Inc. - 348 U.S. 336 (1955) U.S. Supreme Court Boudoin v. Lykes Brothers Steamship Co., Inc., 348 U.S. 336 (1955) Boudoin v. Lykes Brothers Steamship Co., Inc. No. 406 Argued February 11, 1955 Decided February 28, 1955 348 U.S. 336 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus An American seaman sued a shipowner in a Federal District Court to recover for injuries inflicted upon him by a fellow seaman who while drunk attacked him aboard the ship. On the facts of the case, the District Court found that the assailant was "a person of dangerous propensities and proclivities" at the time of the assault; that he was "a person of violent character, belligerent disposition, excessive drinking habits, disposed to fighting and making threats and assaults," and that he was not "equal in disposition and seamanship to the ordinary men in the calling." Held: the warranty of seaworthiness extends to the crew as we...


Feb 28 1955

Wilburn Boat Co. Vs. Fireman's Fund Ins. Co.

Court: US Supreme Court

Decided on: Feb-28-1955

Wilburn Boat Co. v. Fireman's Fund Ins. Co. - 348 U.S. 310 (1955) U.S. Supreme Court Wilburn Boat Co. v. Fireman's Fund Ins. Co., 348 U.S. 310 (1955) Wilburn Boat Co. v. Fireman's Fund Ins. Co. No. 7 Argued October 14-15, 1954 Decided February 28, 1955 348 U.S. 310 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Under a policy of marine insurance, the owners of a small houseboat used for commercial carriage of passengers on an inland lake between Texas and Oklahoma sued the insurer to recover for the loss of the boat by fire while moored on the lake. The insurer defended on the ground of alleged breaches of warranties against sale, transfer, assignment, pledge, hire, charter, or use of the boat for commercial purposes without the insurer's written consent. Claiming that the policy had been made and delivered in Texas, the owners urged that the case was controlled by Texas law, under which no breach of the provisions of a fire insurance policy...


Feb 07 1955

United States Vs. Guy W. Capps., Inc.

Court: US Supreme Court

Decided on: Feb-07-1955

United States v. Guy W. Capps., Inc. - 348 U.S. 296 (1955) U.S. Supreme Court United States v. Guy W. Capps., Inc., 348 U.S. 296 (1955) United States v. Guy W. Capps., Inc. No. 14 Argued November 15, 1954 Decided February 7, 1955 348 U.S. 296 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus In order to prevent interference with its potato price support program under the Agricultural Act of 1948, the United States exchanged diplomatic correspondence with Canada under which the latter agreed to permit the export of no potatoes to the United States except seed potatoes and to obtain assurances that they would not be diverted or reconsigned for table stock purposes. In importing seed potatoes from Canada, respondent gave such assurance to the exporter. Claiming that such assurance constituted a contract made for its benefit, and that respondent had violated it by selling such potatoes for table stock purposes, the United States sued respondent fo...


Feb 07 1955

Tee-hit-ton Indians Vs. United States

Court: US Supreme Court

Decided on: Feb-07-1955

Tee-Hit-Ton Indians v. United States - 348 U.S. 272 (1955) U.S. Supreme Court Tee-Hit-Ton Indians v. United States, 348 U.S. 272 (1955) Tee-Hit-Ton Indians v. United States No. 43 Argued November 12, 1954 Decided February 7, 1955 348 U.S. 272 CERTIORARI TO THE UNITED STATES COURT OF CLAIMS Syllabus The Tee-Hit-Ton Indians, an identifiable group of American Indians belonging to the Tlingit Tribe of Alaskan Indians, held not entitled to compensation under the Fifth Amendment for the taking by the United States of certain timber from Alaskan lands in and near the Tongass National Forest allegedly belonging to the Tee-Hit-Ton Indians. Pp. 348 U. S. 273 -291. 1. Neither 8 of the Organic Act for Alaska of May 17, 1884, nor 27 of the Act of June 6, 1900, providing for a civil government for Alaska, constituted a recognition by Congress of any permanent rights of Indians in Alaskan lands occupied by them, and this policy of nonrecognition was maintained and reflected by Congr...


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