Us Supreme Court Court February 1962 Judgments
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Retail Clerks Vs. Lion Dry Goods, Inc.
Court: US Supreme Court
Decided on: Feb-26-1962
Retail Clerks v. Lion Dry Goods, Inc. - 369 U.S. 17 (1962) U.S. Supreme Court Retail Clerks v. Lion Dry Goods, Inc., 369 U.S. 17 (1962) Retail Clerks International Association, Local Unions Nos. 128 and 633 v. Lion Dry Goods, Inc. No. 73 Argued January 17, 1962 Decided February 26, 1962 369 U.S. 17 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Section 301(a) of the Labor Management Relations Act, 1947, which confers on federal district courts jurisdiction over suits "for violation of contracts between an employer and a labor organization representing employees in an industry affecting" interstate commerce, applies to a suit to enforce a strike settlement agreement between an employer in an industry affecting interstate commerce and local labor unions representing some, but not a majority, of its employees. Pp. 369 U. S. 18 -30. (a) The term "contracts," as used in 301(a), is not limited to collective bargaining agreements concerning...
Strelich Vs. Heinze
Court: US Supreme Court
Decided on: Feb-26-1962
STRELICH v. HEINZE - 369 U.S. 36 (1962) U.S. Supreme Court STRELICH v. HEINZE, 369 U.S. 36 (1962) 369 U.S. 36 STRELICH v. HEINZE, WARDEN, ET AL. APPEAL FROM THE SUPREME COURT OF CALIFORNIA. No. 868, Misc. Decided February 26, 1962. PER CURIAM. The appeal is dismissed for want of a substantial federal question. HARPER v. BANNAN, 369 U.S. 36 (1962) 369 U.S. 36 (1962) "> U.S. Supreme Court HARPER v. BANNAN, 369 U.S. 36 (1962) 369 U.S. 36 HARPER v. BANNAN, WARDEN. APPEAL FROM THE SUPREME COURT OF MICHIGAN. No. 884, Misc. Decided February 26, 1962. PER CURIAM. The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Page 369 U.S. 36, 37 ...
Richards Vs. United States
Court: US Supreme Court
Decided on: Feb-26-1962
Richards v. United States - 369 U.S. 1 (1962) U.S. Supreme Court Richards v. United States, 369 U.S. 1 (1962) Richards v. United States No. 59 Argued November 15, 1961 Decided February 26, 1962 369 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Petitioners are the personal representatives of passengers killed when a commercial airplane crashed in Missouri while en route from Oklahoma to New York. The maximum amount recoverable under the Missouri Wrongful Death Act had either been paid or tendered to them by the airline; but they sued in a Federal District Court in Oklahoma to recover from the United States under the Federal Tort Claims Act additional amounts which they claimed to be due them under the Oklahoma Wrongful Death Act, which contains no limitation on the amount a single person may recover from a tortfeasor. They claimed that the Government, through the Federal Aviation Agency, had negligently failed to enforce the terms of ...
In Re Shuttlesworth
Court: US Supreme Court
Decided on: Feb-26-1962
IN RE SHUTTLESWORTH - 369 U.S. 35 (1962) U.S. Supreme Court IN RE SHUTTLESWORTH, 369 U.S. 35 (1962) 369 U.S. 35 IN RE SHUTTLESWORTH. MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS. No. 1073, Misc. Decided February 26, 1962. Certiorari granted; order of Court of Appeals vacated; case remanded to District Court with instructions. William M. Kunstler for petitioner. PER CURIAM. Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U.S.C. 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U.S. 521, 522 , we grant it as such, vacate the order of the Court of Appeals, and remand the case to the District Court with instructions to hold the matter while petitioner pursues his state remedies (as indicated in the opinion of Judge Rives denying a certificate of probable cause), includin...
Bailey Vs. Patterson
Court: US Supreme Court
Decided on: Feb-26-1962
Bailey v. Patterson - 369 U.S. 31 (1962) U.S. Supreme Court Bailey v. Patterson, 369 U.S. 31 (1962) Bailey v. Patterson No. 643 Decided February 26, 1962 369 U.S. 31 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI Syllabus Appellants, Negroes living in Jackson, Mississippi, brought this civil rights action in a Federal District Court on behalf of themselves and others similarly situated, seeking injunctions to enforce their constitutional rights to nonsegregated service in interstate and intrastate transportation. They alleged that such rights had been denied them under color of state statutes, municipal ordinances, and state custom and usage. A three-judge District Court convened to consider the case abstained from further proceedings, pending construction of the challenged laws by the state courts, and appellants appealed directly to this Court under 28 U.S.C. 1253. Held: 1. Appellants lack standing to enjoin criminal prosecutions u...
Eastern Express Vs. United States
Court: US Supreme Court
Decided on: Feb-26-1962
EASTERN EXPRESS v. UNITED STATES - 369 U.S. 37 (1962) U.S. Supreme Court EASTERN EXPRESS v. UNITED STATES, 369 U.S. 37 (1962) 369 U.S. 37 EASTERN EXPRESS, INC., ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA. No. 623. Decided February 26, 1962. 198 F. Supp. 256, affirmed. Bryce Rea, Jr., Roland Rice and Homer S. Carpenter for appellants. Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and B. Franklin Taylor, Jr. for the United States et al., and Kenneth F. Burgess, D. Robert Thomas, William E. Jenner, Jack C. Brown, Harry C. Ames, James L. Givan and S. S. Eisen for the Freight Forwarders Institute et al., appellees. PER CURIAM. The motions to affirm are granted and the judgment is affirmed. Page 369 U.S. 37, 38 ...
Machibroda Vs. United States
Court: US Supreme Court
Decided on: Feb-19-1962
Machibroda v. United States - 368 U.S. 487 (1962) U.S. Supreme Court Machibroda v. United States, 368 U.S. 487 (1962) Machibroda v. United States No. 69 Argued December 5, 1961 Decided February 19, 1962 368 U.S. 487 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In a Federal District Court, petitioner pleaded guilty to two charges of bank robbery. Before sentencing, the Judge inquired whether counsel desired to make any statement, but he did not direct any similar inquiry to petitioner personally. He sentenced petitioner to imprisonment for 25 years on one charge and 15 years on the other, the sentences to run consecutively. Several years later, petitioner filed in the same Court a motion under 28 U.S.C. 2255 to vacate and set aside the sentence on the grounds that the Judge had not asked petitioner whether he wished to speak in his own behalf before sentence was imposed, as required by Federal Rule of Criminal Procedure 32(a), that he had ...
Kavanagh Vs. Stenhouse
Court: US Supreme Court
Decided on: Feb-19-1962
KAVANAGH v. STENHOUSE - 368 U.S. 516 (1962) U.S. Supreme Court KAVANAGH v. STENHOUSE, 368 U.S. 516 (1962) 368 U.S. 516 KAVANAGH v. STENHOUSE. APPEAL FROM THE SUPREME COURT OF RHODE ISLAND. No. 615. Decided February 19, 1962. Appeal dismissed for want of a substantial federal question. Reported below: ___ R. I. ___, 174 A. 2d 560. Aram K. Berberian for appellant. J. Joseph Nugent, Attorney General of Rhode Island, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. MR. JUSTICE DOUGLAS is of the opinion that further consideration of the question of jurisdiction should be postponed to a hearing of the case on the merits. RAINSBERGER v. LEYPOLDT, 368 U.S. 516 (1962) 368 U.S. 516 (1962) "> U.S. Supreme Court RAINSBERGER v. LEYPOLDT, 368 U.S. 516 (1962) 368 U.S. 516 RAINSBERGER v. LEYPOLDT, SHERIFF. APPEAL FROM THE SUPREME COURT OF NEVADA. No. 835, Misc. Decided February 19, 1962. App...
St. Helena Parish School Board Vs. Hall
Court: US Supreme Court
Decided on: Feb-19-1962
ST. HELENA PARISH SCHOOL BOARD v. HALL - 368 U.S. 515 (1962) U.S. Supreme Court ST. HELENA PARISH SCHOOL BOARD v. HALL, 368 U.S. 515 (1962) 368 U.S. 515 ST. HELENA PARISH SCHOOL BOARD ET AL. v. HALL ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. No. 586. Decided February 19, 1962. 197 F. Supp. 649, affirmed. Jack P. F. Gremillion, Attorney General of Louisiana, W. Scott Wilkinson and Victor A. Sachse, Special Assistant Attorneys General, Carroll Buck, M. E. Culligan, George M. Ponder, John E. Jackson, Jr., William P. Schuler, Dorothy Wolbrette, L. K. Clement, Jr. and Harry J. Kron, Jr., Assistant Attorneys General, Albin P. Lassiter and Thompson L. Clarke for appellants. Jack Greenberg, James M. Nabrit III and A. P. Tureaud for appellees. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. JOHNSON v. HORTON, 368 U.S. 515 (1962) 368 U.S. 515 (1962) "> U.S. Supreme Court JOHNSON v. HORTON, 368 U.S. 515...
Poller Vs. Columbia Broadcasting System, Inc.
Court: US Supreme Court
Decided on: Feb-19-1962
Poller v. Columbia Broadcasting System, Inc. - 368 U.S. 464 (1962) U.S. Supreme Court Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464 (1962) Poller v. Columbia Broadcasting System, Inc. No. 45 Argued November 13-14, 1961 Decided February 19, 1962 368 U.S. 464 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus This action under 4 of the Clayton Act to recover treble damages for losses allegedly resulting from violations of 1 and 2 of the Sherman Act was brought by petitioner, who is the assignee of a dissolved corporation which formerly owned and operated WCAN, an ultra high frequency (UHF) television broadcasting station in Milwaukee, which was affiliated with the Columbia Broadcasting System (CBS) network. He alleged that, pursuant to a conspiracy to restrain and monopolize trade in the television broadcasting business, CBS purchased WOKY, a competing UHF station in Milwaukee, cancelled WCAN's network affiliation, the...
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