Us Supreme Court Court March 1965 Judgments
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O'Keefe Vs. Smith
Court: US Supreme Court
Decided on: Mar-29-1965
O'Keefe v. Smith - 380 U.S. 359 (1965) U.S. Supreme Court O'Keefe v. Smith, 380 U.S. 359 (1965) O'Keefe v. Smith No. 307 Decided March 29, 1965 380 U.S. 359 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus An employee of a government contractor at a defense base in Korea drowned during a Saturday outing. His employer considered all employees to be in the course of regular occupation from the time they left the United States until they returned, and expected employees to seek recreation away from the job site. On stipulated facts, the Deputy Commissioner, Bureau of Employees' Compensation, found that death arose out of and in the course of employment, and awarded damages pursuant to the Longshoremen's and Harbor Workers' Compensation Act. The District Court affirmed the award, which the Court of Appeals reversed. Held: Since the Act provides that the Deputy Commissioner's order may be set aside by a reviewing court only...
Textile Workers Union Vs. Darlington Mfg. Co.
Court: US Supreme Court
Decided on: Mar-29-1965
Textile Workers Union v. Darlington Mfg. Co. - 380 U.S. 263 (1965) U.S. Supreme Court Textile Workers Union v. Darlington Mfg. Co., 380 U.S. 263 (1965) Textile Workers Union of America v. Darlington Manufacturing Co. No. 37 Argued December 9-10, 1964 Decided March 29, 1965 * 380 U.S. 263 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus A majority of the stock of Darlington Manufacturing Company, a textile mill, was owned by Deering Milliken, a marketing corporation, and the National Labor Relations Board found that the latter company was, in turn, controlled by Roger Milliken, Darlington's president, and members of his family. An organizational campaign by petitioner union at Darlington, although strongly resisted by the company, including threats to close the mill, was .successful. Shortly thereafter, the company was liquidated, the plant closed, and the equipment sold. The National Labor Relations Board found that the closing was due to Ro...
Henry Vs. Collins
Court: US Supreme Court
Decided on: Mar-29-1965
Henry v. Collins - 380 U.S. 356 (1965) U.S. Supreme Court Henry v. Collins, 380 U.S. 356 (1965) Henry v. Collins No. 89 Decided March 29, 1965 * 380 U.S. 356 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI Syllabus After his arrest for disturbing the peace, petitioner stated that it was "the result of a diabolical plot" in which respondents, a County Attorney and a Chief of Police, were implicated. Respondents brought suits for libel, and obtained jury verdicts. The judgments are reversed, since the jury might well have understood the instructions to permit recovery on a showing of intent to inflict harm, rather than intent to inflict harm through falsehood. The Constitution permits recovery by these public officials only for a false statement made "with knowledge that it was false or with reckless disregard of whether it was false or not." Garrison v. Louisiana, 379 U. S. 64 , and New York Times Co. v. Sullivan, 376 U. S. 254 , followed. Certi...
Chicago Vs. United States
Court: US Supreme Court
Decided on: Mar-29-1965
CHICAGO v. UNITED STATES - 380 U.S. 373 (1965) U.S. Supreme Court CHICAGO v. UNITED STATES, 380 U.S. 373 (1965) 380 U.S. 373 CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI. No. 770. Decided March 29, 1965. 233 F. Supp. 381, affirmed. M. L. Cassell and Don McDevitt for appellants. Solicitor General Cox, Assistant Attorney General Orrick, Robert B. Hummel, Donald L. Hardison, Robert W. Ginnane and Fritz R. Kahn for the United States et al. Alexander B. Hawes for Waterways Bulk Transportation Council, Inc.; Nuel D. Belnap for Federal Barge Lines, Inc., et al.; Charles J. McCarthy for Tennessee Valley Authority; Donald Macleay for Arrow Transportation Co.; and John C. Lovett for Farmers Union Grain Terminal Association et al. PER CURIAM. The motions to affirm are granted and the judgment is affirmed. Page 380 U.S. 373, 374 ...
American Ship Building Co. Vs. Labor Board
Court: US Supreme Court
Decided on: Mar-29-1965
American Ship Building Co. v. Labor Board - 380 U.S. 300 (1965) U.S. Supreme Court American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965) American Ship Building Co. v. Labor Board No. 255 Argued January 21, 1965 Decided March 29, 1965 380 U.S. 300 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner, operator of four shipyards, entered negotiations with the unions representing its employees for the purpose of securing a new agreement to replace the current contract, soon to expire. After a bargaining impasse was reached, petitioner temporarily closed down one yard and laid off employees at the others. The National Labor Relations Board found that the employer could not have reasonably anticipated a strike, that the sole purpose of the layoffs was to bring economic pressure to secure a prompt and favorable settlement of the labor dispute, and that, therefore, petitioner violated 8(a)(1) and (3) of the National Lab...
National Labor Relations Board Vs. Brown
Court: US Supreme Court
Decided on: Mar-29-1965
National Labor Relations Board v. Brown - 380 U.S. 278 (1965) U.S. Supreme Court National Labor Relations Board v. Brown, 380 U.S. 278 (1965) National Labor Relations Board v. Brown No. 7 Argued January 19, 1965 Decided March 29, 1965 380 U.S. 278 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondents were members of a multiemployer bargaining group with a history of successful bargaining. After the union struck another member of the group, which continued operations using temporary replacements, respondents locked out their employees and utilized temporary replacements to continue business operations. The National Labor Relations Board found that, while the use of temporary replacements by the struck employer was lawful, the lockout of regular employees and their temporary replacement by respondents violated 8(a)(1) and (3) of the National Labor Relations Act. The Court of Appeals disagreed, and refused to enforce the Board's order. H...
Sansone Vs. United States
Court: US Supreme Court
Decided on: Mar-29-1965
Sansone v. United States - 380 U.S. 343 (1965) U.S. Supreme Court Sansone v. United States, 380 U.S. 343 (1965) Sansone v. United States No. 365 Argued March 10, 1965 Decided March 29, 1965 380 U.S. 343 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioner was indicted for willfully attempting to evade federal income taxes in violation of 26 U.S.C. 7201. At the end of his trial, he requested that the jury be instructed that it could acquit him of that offense, a felony, but could convict him of the lesser included misdemeanors of willfully filing a fraudulent or false return in violation of 7207, or willfully failing to pay his taxes when due in violation of 7203. The request was denied, and petitioner was found guilty. The Court of Appeals upheld the conviction. Held: 1. Since 7207 applies to income tax violations, as 7201 and 7203 clearly do, with obvious overlapping among them, the lesser included offense doctrine would be app...
Reserve Life Insurance Co. Vs. Bowers
Court: US Supreme Court
Decided on: Mar-15-1965
RESERVE LIFE INSURANCE CO. v. BOWERS - 380 U.S. 258 (1965) U.S. Supreme Court RESERVE LIFE INSURANCE CO. v. BOWERS, 380 U.S. 258 (1965) 380 U.S. 258 RESERVE LIFE INSURANCE CO. v. BOWERS, TAX COMMISSIONER OF OHIO. APPEAL FROM THE SUPREME COURT OF OHIO. No. 96. Argued March 4, 1965. Decided March 15, 1965. 175 Ohio St. 468, 196 N. E. 2d 87, reversed and case remanded. Harris K Weston argued the cause for appellant. With him on the briefs was William E. Miller. Edgar L. Lindley, Assistant Attorney General of Ohio, argued the cause for appellee. With him on the brief was William B. Saxbe, Attorney General of Ohio. PER CURIAM. The judgment is reversed and the case is remanded to the Court of Appeals, First Appellate District, Ohio. Wheeling Steel Corp. v. Glander, 337 U.S. 562 . MR. JUSTICE BLACK dissents. MR. JUSTICE STEWART took no part in the decision of this case. Page 380 U.S. 258, 259 ...
Radio Union Vs. Broadcast Svc. of Mobile, Inc.
Court: US Supreme Court
Decided on: Mar-15-1965
Radio Union v. Broadcast Svc. of Mobile, Inc. - 380 U.S. 255 (1965) U.S. Supreme Court Radio Union v. Broadcast Svc. of Mobile, Inc., 380 U.S. 255 (1965) Radio & Television Broadcast Technicians Local Union 1264, International Brotherhood of Electrical Workers, AFL-CIO v. Broadcast Service of Mobile, Inc. No. 61 Argued March 2-3, 1965 Decided March 15, 1965 380 U.S. 255 CERTIORARI TO THE SUPREME COURT OF ALABAMA Syllabus The National Labor Relations Board declines jurisdiction over radio stations with yearly gross receipts below $100,000, but takes jurisdiction where several nominally separate entities comprise an integrated enterprise of a single employer having receipts in excess of that figure. Where, as here, the criteria of interrelation of operations, common management and ownership, and centralized control of labor relations are met, the Board will assert jurisdiction, and state jurisdiction must yield. 276 Ala. 93, 159 So. 2d 452, reversed. PER CURIAM. The union...
Marvel Vs. United States
Court: US Supreme Court
Decided on: Mar-15-1965
MARVEL v. UNITED STATES - 380 U.S. 262 (1965) U.S. Supreme Court MARVEL v. UNITED STATES, 380 U.S. 262 (1965) 380 U.S. 262 MARVEL v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 476, Misc. Decided March 15, 1965. Certiorari granted, judgment vacated and case remanded. Reported below: 335 F.2d 101 . Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Theodore George Gilinsky for the United States. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States District Court for the Middle District of Alabama for a hearing as to whether petitioner was misled by the trial judge as to the maximum sentence. Page 380 U.S. 262, 263 ...
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