Us Supreme Court Court December 1972 Judgments
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Executive Jet Aviation Vs. City of Cleveland
Court: US Supreme Court
Decided on: Dec-18-1972
Executive Jet Aviation v. City of Cleveland - 409 U.S. 249 (1972) U.S. Supreme Court Executive Jet Aviation v. City of Cleveland, 409 U.S. 249 (1972) Executive Jet Aviation v. City of Cleveland No. 71-678 Argued November 15, 1972 Decided December 18, 1972 409 U.S. 249 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioners, invoking federal admiralty jurisdiction under 28 U.S.C. 1333(1), brought suit for damages resulting from the crash-landing and sinking in the navigable waters of Lake Erie of their jet aircraft shortly after takeoff from a Cleveland airport. The District Court dismissed the complaint for lack of admiralty jurisdiction on the grounds that the alleged tort had neither a maritime locality nor a maritime nexus. The Court of Appeals affirmed on the first ground. Held: Neither the fact that an aircraft goes down on navigable waters nor that the negligence "occurs" while the aircraft is flying over such waters is sufficien...
Heublein, Inc. Vs. South Carolina Tax Comm'n
Court: US Supreme Court
Decided on: Dec-18-1972
Heublein, Inc. v. South Carolina Tax Comm'n - 409 U.S. 275 (1972) U.S. Supreme Court Heublein, Inc. v. South Carolina Tax Comm'n, 409 U.S. 275 (1972) Heublein, Inc. v. South Carolina Tax Commission No. 71-879 Argued November 13, 1972 Decided December 18, 1972 409 U.S. 275 APPEAL FROM THE SUPREME COURT OF SOUTH CAROLINA Syllabus Incident to South Carolina's valid scheme of regulating the sale of liquor within the State, a requirement that a manufacturer do more, as a condition of doing business, than merely solicit sales is not impermissible even though it has the effect of requiring the out-of-state manufacturer to undertake activities that eliminate its protection under 15 U.S.C. 381(a) from the state income tax. Pp. 409 U. S. 278 -284. 257 S. C. 17, 183 S.D.2d 710, affirmed. MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, WHITE, POWELL, and REHNQUIST, JJ., joined. BLACKMUN, J., filed a statement concurring in the result, ...
Erlenbaugh Vs. United States
Court: US Supreme Court
Decided on: Dec-12-1972
Erlenbaugh v. United States - 409 U.S. 239 (1972) U.S. Supreme Court Erlenbaugh v. United States, 409 U.S. 239 (1972) Erlenbaugh v. United States No. 71-839 Argued November 13, 1972 Decided December 12, 1972 409 U.S. 239 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Causing a publication to be carried by a facility of interstate commerce with an intent to facilitate the operation of an illegal gambling business is a violation of 18 U.S.C. 1952. The exception for "any newspaper or similar publication" contained in 18 U.S.C. 1953, which prohibits the interstate shipment of certain gambling paraphernalia, was not intended to be read into 1952. Pp. 409 U. S. 242 -248. 452 F.2d 967, affirmed. MARSHALL, J., delivered the opinion of the Court, in which all Members joined except WHITE, J., who took no part in the decision of the case. MR. JUSTICE MARSHALL delivered the opinion of the Court. The petitioners in this case attack their convi...
Dillard Vs. Industrial Commission of Virginia
Court: US Supreme Court
Decided on: Dec-11-1972
DILLARD v. INDUSTRIAL COMMISSION OF VIRGINIA - 409 U.S. 238 (1972) U.S. Supreme Court DILLARD v. INDUSTRIAL COMMISSION OF VIRGINIA, 409 U.S. 238 (1972) 409 U.S. 238 DILLARD v. INDUSTRIAL COMMISSION OF VIRGINIA ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA No. 72-5411. Decided December 11, 1972 347 F. Supp. 71, vacated and remanded. PER CURIAM. Appellant brought a class action to challenge the constitutionality of a state regulation that permitted temporary suspension of his workmen's compensation payments without a prior hearing. He appealed an adverse judgment, but his jurisdictional statement states that after the decision below "an Order was entered by the Commission approving a lump-sum settlement of $4,243.20 in full settlement of [his] individual claim for compensation for his injury which occurred on March 15, 1971." In this state of the record, the motion to proceed in forma pauperis is granted, the judgment is vacated, an...
One Lot Emerald Cut Stones Vs. United States
Court: US Supreme Court
Decided on: Dec-11-1972
One Lot Emerald Cut Stones v. United States - 409 U.S. 232 (1972) U.S. Supreme Court One Lot Emerald Cut Stones v. United States, 409 U.S. 232 (1972) One Lot Emerald Cut Stones and One Ring v. United States No. 72-376 Decided December 11, 1972 409 U.S. 232 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A forfeiture of imported merchandise not included in a declaration and entry pursuant to the tariff provision in 19 U.S.C. 1497 is not barred by a prior acquittal under 18 U.S.C. 545, which (unlike the civil forfeiture proceeding) requires proof of an intent to defraud; nor is the forfeiture action barred by the Double Jeopardy Clause, since Congress may impose both a criminal and civil sanction respecting the same act or omission. Certiorari granted; 461 F.2d 1189, affirmed. PER CURIAM. On June 5, 1969, Francisco Farkac Klementova entered the United States without declaring to United States Customs one lot of emera...
Michigan Vs. Ohio
Court: US Supreme Court
Decided on: Dec-11-1972
Michigan v. Ohio - 410 U.S. 420 (1973) U.S. Supreme Court Michigan v. Ohio, 410 U.S. 420 (1973) Michigan v. Ohio No. 30, Orig. Argued December 11, 1972 Decided and Decree entered February 22, 1973 410 U.S. 420 ON EXCEPTIONS TO SPECIAL MASTER'S REPORT Syllabus The Special Master's recommendations fixing that portion of the Ohio-Michigan boundary running through Lake Erie adopted and decree issued. PER CURIAM AND DECREE. Upon consideration of the Report filed Nov. 9, 1971, by Senior Judge Albert B. Maris, Special Master, exceptions filed thereto, and argument thereon, it is now ordered, adjudged, and decreed as follows: 1. The exceptions filed by the State of Michigan to the report and recommendations of the Special Master are overruled. 2. The boundary line between the States of Ohio and Michigan in Lake Erie follows a line drawn from the point in Maumee Bay where the north cape of that bay was located in 1836 on a course having a bearing North 45 East measured from a tru...
Trafficante Vs. Metropolitan Life Ins. Co.
Court: US Supreme Court
Decided on: Dec-07-1972
Trafficante v. Metropolitan Life Ins. Co. - 409 U.S. 205 (1972) U.S. Supreme Court Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (1972) Trafficante v. Metropolitan Life Insurance Co. No. 71-708 Argued November 7, 1972 Decided December 7, 1972 409 U.S. 205 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Two tenants of an apartment complex filed complaints with the Secretary of Housing and Urban Development alleging that their landlord racially discriminated against nonwhites, that the tenants thereby lost the social benefits of living in an integrated community, missed business and professional advantages that would have accrued from living with members of minority groups, and suffered from being "stigmatized" as residents of a "white ghetto." The District Court, not reaching the merits, held that the complaining tenants were not within the class of persons entitled to sue under 810(a) of the Civil Rights Act of 1968. The Court of A...
Swenson Vs. Stidham
Court: US Supreme Court
Decided on: Dec-07-1972
Swenson v. Stidham - 409 U.S. 224 (1972) U.S. Supreme Court Swenson v. Stidham, 409 U.S. 224 (1972) Swenson v. Stidham No. 71-224 Argued October 11, 1972 Decided December 7, 1972 409 U.S. 224 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus During respondent's trial for murder, he challenged the voluntariness of his confession. A full evidentiary hearing was held outside the jury's presence, following which the trial court held the confession admissible. After affirmance of respondent's conviction on appeal, respondent sought state post-conviction relief. The Missouri Supreme Court reversed the denial of respondent's motion to vacate, and an evidentiary hearing was held by the St. Louis Circuit Court on the voluntariness issue. That court concluded that the trial judge himself had found the confession voluntary, and thus complied with Jackson v. Denno, 378 U. S. 368 . The Missouri Supreme Court affirmed, and held additionally that responde...
Nlrb Vs. Textile Workers
Court: US Supreme Court
Decided on: Dec-07-1972
NLRB v. Textile Workers - 409 U.S. 213 (1972) U.S. Supreme Court NLRB v. Textile Workers, 409 U.S. 213 (1972) National Labor Relations Board v. Granite State Joint Board, Textile Workers Union of America, Local 1029, AFL-CIO No. 71-711 Argued November 13, 1972 Decided December 7, 1972 409 U.S. 213 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Where neither the Union-employer contract nor the Union's constitution or bylaws defined or limited the circumstances under which a member could resign from the Union, it was an unfair labor practice for the Union to fine employees who had been Union members in good standing but who had resigned during a lawful strike authorized by the members and thereafter returned to work during that strike. Pp. 409 U. S. 215 -218. 446 F.2d 369, reversed. DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, MARSHAL, POWELL, and REHNQUIST, JJ., joined. BURGER, C.J....
Tidewater Oil Co. Vs. United States
Court: US Supreme Court
Decided on: Dec-06-1972
Tidewater Oil Co. v. United States - 409 U.S. 151 (1972) U.S. Supreme Court Tidewater Oil Co. v. United States, 409 U.S. 151 (1972) Tidewater Oil Co. v. United States No. 71-366 Argued October 11, 1972 Decided December 6, 1972 409 U.S. 151 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Expediting Act, providing that, in a civil antitrust action brought by the United States in a federal district court, an appeal from that court's final judgment will lie only to this Court, lodged exclusive appellate jurisdiction over such actions in this Court, and thus bars the courts of appeals from asserting jurisdiction over interlocutory orders covered by 28 U.S.C. 1292(b), as well as over other interlocutory orders specified in 1292(a). The legislative history of those provisions contains no indication of a congressional intent to impair the original exclusivity of this Court's jurisdiction under the Expediting Act. Pp. 409 U. S. 154 -174. Affi...
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