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Us Supreme Court Court December 1963 Judgments

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Dec 16 1963

Eichel Vs. New York Central R. Co.

Court: US Supreme Court

Decided on: Dec-16-1963

Eichel v. New York Central R. Co. - 375 U.S. 253 (1963) U.S. Supreme Court Eichel v. New York Central R. Co., 375 U.S. 253 (1963) Eichel v. New York Central R. Co. No. 480 Decided December 16, 1963 375 U.S. 253 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In this suit by petitioner under the Federal Employers' Liability Act to recover damages for a permanently disabling injury resulting from respondent's negligence, the jury returned a verdict of $51,000 for petitioner, and the District Court entered judgment accordingly. The Court of Appeals reversed on the ground that the District Court had committed prejudicial error in excluding evidence that petitioner was receiving a disability pension of $190 per month under the Railroad Retirement Act of 1937. Held: The District Court properly excluded the evidence of disability payments. Pp. 375 U. S. 253 -256. 319 F.2d 12 reversed and remanded. PER CURIAM. Petitioner, who had been employed...


Dec 16 1963

Fields Vs. City of Fairfield

Court: US Supreme Court

Decided on: Dec-16-1963

FIELDS v. CITY OF FAIRFIELD - 375 U.S. 248 (1963) U.S. Supreme Court FIELDS v. CITY OF FAIRFIELD, 375 U.S. 248 (1963) 375 U.S. 248 FIELDS ET AL. v. CITY OF FAIRFIELD. APPEAL FROM THE SUPREME COURT OF ALABAMA. No. 30. Argued December 10-11, 1963. Decided December 16, 1963. 273 Ala. 588, 143 So.2d 177, reversed. Melvin L. Wulf argued the cause for appellants. With him on the brief were Charles Morgan, Jr. and Richard J. Medalie. Frank B. Parsons argued the cause and filed a brief for appellee. Assistant Attorney General Marshall, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Cox, Louis F. Claiborne, Harold H. Greene and Howard A. Glickstein. Jack Greenberg, James M. Nabrit III and Shirley Fingerhood filed a brief for the N. A. A. C. P. Legal Defense and Educational Fund, Inc., as amicus curiae, urging reversal. PER CURIAM. The judgment of the Supreme Court of Alabama is re...


Dec 16 1963

Foti Vs. Ins

Court: US Supreme Court

Decided on: Dec-16-1963

Foti v. INS - 375 U.S. 217 (1963) U.S. Supreme Court Foti v. INS, 375 U.S. 217 (1963) Foti v. Immigration and Naturalization Service No. 28 Argued October 17, 21, 1963.Decided December 16, 1963 375 U.S. 217 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under 106 (a) of the Immigration and Nationality Act, as added in 1961, a Federal Court of Appeals has sole and exclusive jurisdiction to review an administrative determination of the Attorney General denying a suspension of deportation sought by an alien under 244(a)(5). Pp. 375 U. S. 217 -232. 308 F. 2d 779 reversed and remanded. MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. Involved in this case is the single question of whether the Federal Courts of Appeals have the initial, exclusive jurisdiction, under 106(a) of the Immigration and Nationality Act, to review discretionary determinations of the Attorney General, relating to the suspension of deportation, under 244...


Dec 16 1963

Smith Vs. California

Court: US Supreme Court

Decided on: Dec-16-1963

SMITH v. CALIFORNIA - 375 U.S. 259 (1963) U.S. Supreme Court SMITH v. CALIFORNIA, 375 U.S. 259 (1963) 375 U.S. 259 SMITH v. CALIFORNIA. CERTIORARI TO THE APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES. No. 72. Decided December 16, 1963. Judgment vacated and case remanded. Stanley Fleishman and Sam Rosenwein for petitioner. Roger Arnebergh, Philip E. Grey and Wm. E. Doran for respondent. Briefs of amici curiae, urging reversal, were filed by Edward de Grazia for Allen et al.; by Thomas M. Thomas for American Library Association, and by Nathan L. Schoichet, A. L. Wirin and Fred Okrand for American Civil Liberties Union of Southern California. Charles H. Keating, Jr. for Citizens for Decent Literature, Inc., et al., as amici curiae, in support of respondent. PER CURIAM. The motion of Citizens for Decent Literature, Inc., et al., for leave to file a brief, as amici curiae, is granted. The judgment is vacated and the case is remanded to the Appellat...


Dec 16 1963

Fair DraIn Taxation, Inc. Vs. City of St. Clair Shores

Court: US Supreme Court

Decided on: Dec-16-1963

FAIR DRAIN TAXATION, INC. v. CITY OF ST. CLAIR SHORES - 375 U.S. 258 (1963) U.S. Supreme Court FAIR DRAIN TAXATION, INC. v. CITY OF ST. CLAIR SHORES, 375 U.S. 258 (1963) 375 U.S. 258 FAIR DRAIN TAXATION, INC., ET AL. v. CITY OF ST. CLAIR SHORES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. No 604. Decided December 16, 1963. 219 F. Supp. 646, affirmed. Wilson M. Jackson, William L. Sanders and Raymond M. Jacobson for appellants. John H. Yoe and Charles R. Moon for appellees. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. MACON v. INDIANA, 375 U.S. 258 (1963) 375 U.S. 258 (1963) "> U.S. Supreme Court MACON v. INDIANA, 375 U.S. 258 (1963) 375 U.S. 258 MACON v. INDIANA. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF INDIANA. No. 37, Misc. Decided December 16, 1963. Certiorari granted; judgment vacated; and case remanded. Reported below: 243 Ind. 429, 185 N. E. 2d 619. Petitioner...


Dec 16 1963

Mcallister Vs. Louisiana

Court: US Supreme Court

Decided on: Dec-16-1963

McALLISTER v. LOUISIANA - 375 U.S. 260 (1963) U.S. Supreme Court McALLISTER v. LOUISIANA, 375 U.S. 260 (1963) 375 U.S. 260 McALLISTER v. LOUISIANA. APPEAL FROM THE SUPREME COURT OF LOUISIANA. No. 721, Misc. Decided December 16, 1963. Appeal dismissed and certiorari denied. Reported below: 244 La. 42, 150 So.2d 557. Ernest A. Carrere, Jr. for appellant. PER CURIAM. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Page 375 U.S. 260, 261 ...


Dec 09 1963

Corey Vs. United States

Court: US Supreme Court

Decided on: Dec-09-1963

Corey v. United States - 375 U.S. 169 (1963) U.S. Supreme Court Corey v. United States, 375 U.S. 169 (1963) Corey v. United States No. 31 Argued October 17, 1963 Decided December 9, 1963 375 U.S. 169 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Petitioner was convicted in a Federal District Court of 75 violations of 18 U.S.C. 287. The Court entered an order under 18 U.S.C. 4208(b) committing him to the custody of the Attorney General pending receipt of a report from the Bureau of Prisons. More than three months later, after receiving and considering such report, the Court, in the presence of petitioner and his counsel, entered an order suspending imposition of sentence and placing petitioner on probation for two years. Three days later, petitioner filed a notice of appeal. The Court of Appeals dismissed the appeal, on the ground that the time for appeal had expired 10 days after entry of the Trial Court's initial order committing petitio...


Dec 09 1963

Kaye Vs. Spence ChapIn Adoption Home

Court: US Supreme Court

Decided on: Dec-09-1963

KAYE v. SPENCE CHAPIN ADOPTION HOME - 375 U.S. 214 (1963) U.S. Supreme Court KAYE v. SPENCE CHAPIN ADOPTION HOME, 375 U.S. 214 (1963) 375 U.S. 214 KAYE v. SPENCE CHAPIN ADOPTION HOME. APPEAL FROM THE COURT OF APPEALS OF NEW YORK. No. 478. Decided December 9, 1963. Appeal dismissed and certiorari denied. Appellant pro se. Richard Jones for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ECKSTROM v. READING POLICE HOME ASS'N, 375 U.S. 214 (1963) 375 U.S. 214 (1963) "> U.S. Supreme Court ECKSTROM v. READING POLICE HOME ASS'N, 375 U.S. 214 (1963) 375 U.S. 214 ECKSTROM v. READING POLICE HOME ASSOCIATION OF READING, PA. APPEAL FROM THE SUPREME COURT OF PENNSYLVANIA. No. 497. Decided December 9, 1963. Appeal dismissed and certiorari denied. Reported below: 410 Pa. 282, 189 A. 2d 745. Charles H. W...


Dec 09 1963

Dennis Vs. Denver and Rio Grand Western R. Co.

Court: US Supreme Court

Decided on: Dec-09-1963

Dennis v. Denver & Rio Grand Western R. Co. - 375 U.S. 208 (1963) U.S. Supreme Court Dennis v. Denver & Rio Grand Western R. Co., 375 U.S. 208 (1963) Dennis v. Denver & Rio Grand Western Railroad Co. No. 25 Argued November 19, 1963 Decided December 9, 1963 375 U.S. 208 CERTIORARI TO THE SUPREME COURT OF UTAH Syllabus In this case arising under the Federal Employers' Liability Act, in which a jury awarded petitioner a verdict for damages for the loss of two fingers by frostbite after he had been required by his foreman to work outdoors in very cold weather, the evidence was sufficient to support the jury's conclusion that respondent railroad's negligence contributed to the injury, and the State Supreme Court erred in vacating the jury's verdict and ordering entry of judgment for respondent. Pp. 375 U. S. 208 -210. 13 Utah 2d 249, 372 P. 2d 3, reversed and remanded. PER CURIAM. Petitioner, a section laborer employed by respondent railroad, brought this suit under the Fede...


Dec 09 1963

United States Vs. Behrens

Court: US Supreme Court

Decided on: Dec-09-1963

United States v. Behrens - 375 U.S. 162 (1963) U.S. Supreme Court United States v. Behrens, 375 U.S. 162 (1963) United States v. Behrens No. 86 Argued October 17, 1963 Decided December 9, 1963 375 U.S. 162 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent was convicted in a Federal District Court of an offense punishable under 18 U.S.C. 113(a) by imprisonment for not more than 20 years. The Trial Judge issued an oral order under 18 U.S.C. 4208(b) committing respondent to the custody of the Attorney General pending receipt of a report from the Bureau of Prisons. His order provided that, after the report was received, respondent's commitment, deemed to be for 20 years, would "be subject to modification in accordance with" 4208(b). After the report was received, the Trial Court entered an order fixing the period of imprisonment at 5 years and providing that the Board of Parole might decide when respondent should be eligible for paro...


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