Us Supreme Court Court November 1965 Judgments
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United States Vs. Romano
Court: US Supreme Court
Decided on: Nov-22-1965
United States v. Romano - 382 U.S. 136 (1965) U.S. Supreme Court United States v. Romano, 382 U.S. 136 (1965) United States v. Romano No. 2 Argued October 14, 1965 Decided November 22, 1965 382 U.S. 136 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondents, who were found by federal officers near an operating still, were indicted on three counts charging, in Count 1, the possession, custody and control of an illegal still in violation of 26 U.S.C. 5601(a)(1); in Count 2, the illegal production of distilled spirits in violation of 5601 (a)(8); and, in Count 3, a conspiracy to produce distilled spirits. Respondents were convicted and given concurrent prison sentences on each count and fined on Count 1. The Court of Appeals affirmed the conspiracy convictions but reversed the substantive convictions, holding invalid under the Due Process Clause of the Fifth Amendment an instruction and statutory inference embodied therein based on 5601(b...
United States Vs. Maryland for the Use of Meyer
Court: US Supreme Court
Decided on: Nov-22-1965
UNITED STATES v. MARYLAND FOR THE USE OF MEYER - 382 U.S. 158 (1965) U.S. Supreme Court UNITED STATES v. MARYLAND FOR THE USE OF MEYER, 382 U.S. 158 (1965) 382 U.S. 158 UNITED STATES v. MARYLAND FOR THE USE OF MEYER ET AL. ON PETITION FOR REHEARING. No. 543, October Term, 1963. Certiorari denied December 16, 1963. Rehearing denied December 7, 1964. Rehearing and certiorari granted and case decided November 22, 1965. 116 U.S. App. D.C. 259, 322 F.2d 1009 , reversed and remanded for further proceedings on unresolved issues in complaint. Solicitor General Cox, Assistant Attorney General Douglas, Morton Hollander and David L. Rose for the United States. Louis G. Davidson, Richard W. Galiher, William E. Stewart, Jr., and Peter J. McBreen for respondents. PER CURIAM. The motion for leave to file a conditional petition for rehearing is granted and the petition for rehearing is also granted. The order of December 16, 1963, 375 U.S. 954, denying the petition for writ of certiorari...
Swift and Co. Vs. Wickham
Court: US Supreme Court
Decided on: Nov-22-1965
Swift & Co. v. Wickham - 382 U.S. 111 (1965) U.S. Supreme Court Swift & Co. v. Wickham, 382 U.S. 111 (1965) Swift & Co. v. Wickham No. 9 Argued October 13, 1965 Decided November 22, 1965 382 U.S. 111 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Appellants, two meat-packing companies, sued in the Federal District Court to enjoin enforcement of a New York statute requiring that the label for packaged poultry disclose the weight of the unstuffed bird as well as of the entire package. Appellants claimed that the state statute violated the Commerce Clause, the Fourteenth Amendment, and overriding federal labeling requirements under which the state label had been disapproved. A three-judge District Court was convened under 28 U.S.C. 2281, providing for such a tribunal whenever the enforcement of a state statute is sought to be enjoined "upon the ground of the unconstitutionality of such statute." That court dismissed on the merits i...
Seaboard Air Line R. Co. Vs. United States
Court: US Supreme Court
Decided on: Nov-22-1965
Seaboard Air Line R. Co. v. United States - 382 U.S. 154 (1965) U.S. Supreme Court Seaboard Air Line R. Co. v. United States, 382 U.S. 154 (1965) Seaboard Air Line Railroad Co. v. United States No. 425 Decided November 22, 1965 * 382 U.S. 154 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Syllabus The Interstate Commerce Commission (ICC), after administrative proceedings, approved a merger between the Atlantic Coast Line Railroad Company and the Seaboard Air Line Railroad Company. Though recognizing that the merger would eliminate competition in parts of Florida, the ICC found that the benefits of the merger outweighed its potential disadvantages. On the ground that the ICC failed to determine whether the merger violated 7 of the Clayton Act by reference to the relevant product and geographic markets, a three-judge District Court set aside the ICC's order. Held: The ICC is authorized to approve a merger notwithstanding what would otherwis...
Steelworkers Vs. R. H. Bouligny, Inc.
Court: US Supreme Court
Decided on: Nov-22-1965
Steelworkers v. R. H. Bouligny, Inc. - 382 U.S. 145 (1965) U.S. Supreme Court Steelworkers v. R. H. Bouligny, Inc., 382 U.S. 145 (1965) United Steelworkers of America v. R. H. Bouligny, Inc. No. 19 Argued October 21, 1965 Decided November 22, 1965 382 U.S. 145 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent, a North Carolina corporation, brought this defamation action in a North Carolina court against petitioner, an unincorporated labor union. Petitioner's principal place of business purportedly is Pennsylvania, where, for purposes of diversity jurisdiction, it claimed citizenship, though some of its members reside in North Carolina. Petitioner removed the case to a Federal District Court, which refused to remand, finding no proper basis for treating an unincorporated labor union differently from a corporation. On interlocutory appeal, the Court of Appeals reversed and directed that the case be remanded to the state court. Held: ...
Kasharian Vs. Wilentz
Court: US Supreme Court
Decided on: Nov-22-1965
KASHARIAN v. WILENTZ - 382 U.S. 161 (1965) U.S. Supreme Court KASHARIAN v. WILENTZ, 382 U.S. 161 (1965) 382 U.S. 161 KASHARIAN v. WILENTZ. APPEAL FROM THE SUPREME COURT OF NEW JERSEY. No. 672, Misc. Decided November 22, 1965. Appeal dismissed and certiorari denied. 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 382 U.S. 161, 162 FLORIDA EAST COAST RAILWAY CO. v. UNITED STATES, 382 U.S. 161 (1965) 382 U.S. 161 (1965) "> U.S. Supreme Court FLORIDA EAST COAST RAILWAY CO. v. UNITED STATES, 382 U.S. 161 (1965) 382 U.S. 161 FLORIDA EAST COAST RAILWAY CO. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. No. 541. Decided November 22, 1965. 242 F. Supp. 490, affirmed. A. Alvis Layne and Fred H. Kent for appellant. Solicitor General Marshall, Assistant Attorney General Turner, Robert B...
Hodges Vs. Buckeye Cellulose Corp.
Court: US Supreme Court
Decided on: Nov-22-1965
HODGES v. BUCKEYE CELLULOSE CORP. - 382 U.S. 160 (1965) U.S. Supreme Court HODGES v. BUCKEYE CELLULOSE CORP., 382 U.S. 160 (1965) 382 U.S. 160 HODGES ET AL. v. BUCKEYE CELLULOSE CORP. APPEAL FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT. No. 548. Decided November 22, 1965. 174 So.2d 565, appeal dismissed. George C. Dayton and Joe A. McClain for appellants. Richard W. Barrett and J. Lewis Hall for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Page 382 U.S. 160, 161 REYNOLDS METALS CO. v. WASHINGTON, 382 U.S. 160 (1965) 382 U.S. 160 (1965) "> U.S. Supreme Court REYNOLDS METALS CO. v. WASHINGTON, 382 U.S. 160 (1965) 382 U.S. 160 REYNOLDS METALS CO. v. WASHINGTON ET AL. APPEAL FROM THE SUPREME COURT OF WASHINGTON. No. 537. Decided November 22, 1965. 65 Wash. 2d 882, 400 P.2d 310, appeal dismissed. DeWitt Williams for appellant. John J. O'Connell, Attorney General of Washington, and ...
Bradley Vs. School Board of City of Richmond
Court: US Supreme Court
Decided on: Nov-15-1965
Bradley v. School Board of City of Richmond - 382 U.S. 103 (1965) U.S. Supreme Court Bradley v. School Board of City of Richmond, 382 U.S. 103 (1965) Bradley v. School Board of City of Richmond No. 415 Decided November 15, 1965 * 382 U.S. 103 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The lower court approved school desegregation plans for Hopewell and Richmond, Virginia, without full inquiry into petitioners' contention that faculty allocation on an alleged racial basis invalidated the plans. Held: Petitioners were entitled to full evidentiary hearings on their contention, and such hearings should be held without delay. Certiorari granted; 345 F.2d 310; 345 F.2d 325, judgments vacated and remanded. PER CURIAM. The petitions for writs of certiorari to the Court of Appeals for the Fourth Circuit are granted for the purpose of deciding whether it is proper to approve school desegregation plans without consider...
Adelman Vs. Lower Minnesota River Watershed District
Court: US Supreme Court
Decided on: Nov-15-1965
ADELMAN v. LOWER MINNESOTA RIVER WATERSHED DISTRICT - 382 U.S. 108 (1965) U.S. Supreme Court ADELMAN v. LOWER MINNESOTA RIVER WATERSHED DISTRICT, 382 U.S. 108 (1965) 382 U.S. 108 ADELMAN ET AL. v. LOWER MINNESOTA RIVER WATERSHED DISTRICT. APPEAL FROM THE SUPREME COURT OF MINNESOTA. No. 512. Decided November 15, 1965. 271 Minn. 216, 135 N. W. 2d 670, appeal dismissed and certiorari denied. Thomas E. Ticen for appellants. Raymond A. Haik 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. WILSON v. COMMISSIONER OF INTERNAL REVENUE, 382 U.S. 108 (1965) 382 U.S. 108 (1965) "> U.S. Supreme Court WILSON v. COMMISSIONER OF INTERNAL REVENUE, 382 U.S. 108 (1965) 382 U.S. 108 WILSON v. COMMISSIONER OF INTERNAL REVENUE. APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 520. Decid...
Fernandez Vs. Babare
Court: US Supreme Court
Decided on: Nov-15-1965
FERNANDEZ v. BABARE - 382 U.S. 107 (1965) U.S. Supreme Court FERNANDEZ v. BABARE, 382 U.S. 107 (1965) 382 U.S. 107 FERNANDEZ v. BABARE ET UX. APPEAL FROM THE SUPREME COURT OF OREGON. No. 610, Misc. Decided November 15, 1965. Appeal dismissed. Howard R. Lonergan for appellant. PER CURIAM. The appeal is dismissed for want of a substantial federal question. Page 382 U.S. 107, 108 MICHIGAN BELL TELEPHONE CO. v. CITY OF DETROIT, 382 U.S. 107 (1965) 382 U.S. 107 (1965) "> U.S. Supreme Court MICHIGAN BELL TELEPHONE CO. v. CITY OF DETROIT, 382 U.S. 107 (1965) 382 U.S. 107 MICHIGAN BELL TELEPHONE CO. v. CITY OF DETROIT. APPEAL FROM THE SUPREME COURT OF MICHIGAN. No. 497. Decided November 15, 1965. * [ Footnote * ] Together with No. 498, Detroit Edison Co. v. City of Detroit, also on appeal from the same court. 374 Mich. 543, 132 N. W. 2d 660, appeals dismissed and certiorari denied. Thomas G. Long, James M. Smith and Donald E. Brown for appellant in No. 497. Har...
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