Us Supreme Court Court March 1972 Judgments
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United States Vs. Topco Assocs., Inc.
Court: US Supreme Court
Decided on: Mar-29-1972
United States v. Topco Assocs., Inc. - 405 U.S. 596 (1972) U.S. Supreme Court United States v. Topco Assocs., Inc., 405 U.S. 596 (1972) United States v. Topco Associates, Inc. No. 70-82 Argued November 16, 1971 Decided March 29, 1972 405 U.S. 596 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus The United States brought this injunction action charging a violation of 1 of the Sherman Act by appellee, Topco, a cooperative association of about 25 small and medium-sized independent regional supermarket chains operating in 33 States. As its members' purchasing agent, appellee procures more than 1,000 different items, most of which have brand names owned by Topco. The members' combined retail sales in 1967 were 2.3 billion, exceeded by only three national grocery chains. A member's average market share in its area is about 6%, and its competitive position is frequently as strong as that of any other chain. The members own equal amounts ...
Ford Motor Co. Vs. United States
Court: US Supreme Court
Decided on: Mar-29-1972
Ford Motor Co. v. United States - 405 U.S. 562 (1972) U.S. Supreme Court Ford Motor Co. v. United States, 405 U.S. 562 (1972) Ford Motor Co. v. United States No. 70-113 Argued November 18, 1971 Decided March 29, 1972 405 U.S. 562 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus In this divestiture action under 7 of the Celler-Kefauver Antimerger Act, the Government challenged the acquisition by appellant, Ford, the second largest automobile manufacturer, of certain assets of Electric Autolite Co. (Autolite), an independent manufacturer of spark plugs and other automotive parts. The acquisition included the Autolite trade name, Autolite's only domestic spark plug plant, and extensive rights to its nationwide distribution organization for spark plugs and batteries. The brand used in the spark plug replacement market (aftermarket) has historically been the same as the original equipment (OE) brand. Autolite and other independents had ...
Lynch Vs. Household Finance Corp.
Court: US Supreme Court
Decided on: Mar-23-1972
Lynch v. Household Finance Corp. - 405 U.S. 538 (1972) U.S. Supreme Court Lynch v. Household Finance Corp., 405 U.S. 538 (1972) Lynch v. Household Finance Corp. No. 70-5058 Argued December 7, 1971 Decided March 23, 1972 405 U.S. 538 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT Syllabus Appellee Household Finance Corp. sued appellant Lynch in state court alleging nonpayment of a promissory note, and, prior to serving her with process, garnished her savings account under Connecticut law authorizing summary pre-judicial garnishment. Appellant challenged the validity of the state statutes under the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and sought declaratory and injunctive relief under 42 U.S.C. 1983 and its jurisdictional counterpart, 28 U.S.C. 1343(3). The District Court dismissed the complaint on the grounds (1) that it lacked jurisdiction under 1343(3), as that section applies only if "personal" rights, as o...
Gooding Vs. Wilson
Court: US Supreme Court
Decided on: Mar-23-1972
Gooding v. Wilson - 405 U.S. 518 (1972) U.S. Supreme Court Gooding v. Wilson, 405 U.S. 518 (1972) Gooding v. Wilson No. 70-26 Argued December 8, 1971 Decided March 23, 1972 405 U.S. 518 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Georgia statute providing that "[a]ny person who shall, without provocation, use to or of another, and in his presence . . . opprobrious words or abusive language, tending to cause a breach of the peace . . . shall be guilty of a misdemeanor," which has not been narrowed by the Georgia courts to apply only to "fighting" words "which by their very utterance . . . tend to incite an immediate breach of the peace," Chaplinsky v. New Hampshire, 315 U. S. 568 , 315 U. S. 572 , is on its face unconstitutionally vague and overbroad under the First and Fourteenth Amendments. Pp. 405 U. S. 520 -528. 431 F.2d 855, affirmed. BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSH...
Eisenstadt Vs. Baird
Court: US Supreme Court
Decided on: Mar-22-1972
Eisenstadt v. Baird - 405 U.S. 438 (1972) U.S. Supreme Court Eisenstadt v. Baird, 405 U.S. 438 (1972) Eisenstadt v. Baird No. 70-17 Argued November 17-18, 1971 Decided March 22, 1972 405 U.S. 438 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Appellee attacks his conviction of violating Massachusetts law for giving a woman a contraceptive foam at the close of his lecture to students on contraception. That law makes it a felony for anyone to give away a drug, medicine, instrument, or article for the prevention of conception except in the case of (1) a registered physician administering or prescribing it for a married person or (2) an active registered pharmacist furnishing it to a married person presenting a registered physician's prescription. The District Court dismissed appellee's petition for a writ of habeas corpus. The Court of Appeals vacated the dismissal, holding that the statute is a prohibition on contraception per se, and conflict...
Humphrey Vs. Cady
Court: US Supreme Court
Decided on: Mar-22-1972
Humphrey v. Cady - 405 U.S. 504 (1972) U.S. Supreme Court Humphrey v. Cady, 405 U.S. 504 (1972) Humphrey v. Cady No. 70-5004 Argued December 7, 1971 Decided March 22, 1972 405 U.S. 504 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner was convicted of contributing to the delinquency of a minor, a misdemeanor punishable by a maximum sentence of one year. In lieu of sentence, he was committed to the "sex deviate facility" in the state prison, for a potentially indefinite period, pursuant to the Wisconsin Sex Crimes Act. That Act provides that, when a court finds that a convicted person was "probably directly motivated by a desire for sexual excitement," it may commit the defendant to the Department of Health and Social Services for a social, physical, and mental examination, and, if the Department recommends specialized treatment, the court must hold a hearing on the need therefor. If the State establishes the need for treatment, the...
Loper Vs. Beto
Court: US Supreme Court
Decided on: Mar-22-1972
Loper v. Beto - 405 U.S. 473 (1972) U.S. Supreme Court Loper v. Beto, 405 U.S. 473 (1972) Loper v. Beto No. 70-5388 Argued January 13, 1972 Decided March 22, 1972 405 U.S. 473 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus For the purpose of impeaching petitioner's credibility, the prosecutor in petitioner's 1947 rape trial was permitted to interrogate him about his previous criminal record. Petitioner admitted four felony convictions during the period 1931-1940. He was found guilty by the jury and was sentenced to a term of 50 years. He filed a petition for habeas corpus in Federal District Court alleging that the previous convictions were constitutionally invalid under Gideon v. Wainwright, 372 U. S. 335 , because he had been denied the assistance of counsel. The District Court denied relief, and the Court of Appeals affirmed, stating that the "fact that there are possible infirmities in the evidence does not necessarily raise an issue...
Dunn Vs. Blumstein
Court: US Supreme Court
Decided on: Mar-21-1972
Dunn v. Blumstein - 405 U.S. 330 (1972) U.S. Supreme Court Dunn v. Blumstein, 405 U.S. 330 (1972) Dunn v. Blumstein No. 70-13 Argued November 16, 1971 Decided March 21, 1972 405 U.S. 330 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE Syllabus Tennessee closes its registration books 30 days before an election, but requires residence in the State for one year and in the county for three months as prerequisites for registration to vote. Appellee challenged the constitutionality of the durational residence requirements, and a three-judge District Court held them unconstitutional on the grounds that they impermissibly interfered with the right to vote and created a "suspect" classification penalizing some Tennessee residents because of recent interstate movement. Tennessee asserts that the requirements are needed to insure the purity of the ballot box and to have knowledgeable voters. Held: The durational residence requirements are violative ...
Commissioner Vs. First Security Bank of Utah
Court: US Supreme Court
Decided on: Mar-21-1972
Commissioner v. First Security Bank of Utah - 405 U.S. 394 (1972) U.S. Supreme Court Commissioner v. First Security Bank of Utah, 405 U.S. 394 (1972) Commissioner v. First Security Bank of Utah, N.A. No. 70-305 Argued January 10, 1972 Decided March 21, 1972 405 U.S. 394 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondent banks were subsidiaries of a holding company that also controlled a management company, an insurance agency, and, from 1954, an insurance company (Security Life). In 1948, the banks began to offer to arrange credit life insurance for their borrowers, placing the insurance with an independent insurance carrier. National banking laws were deemed to prohibit the banks from receiving sales commissions, which were paid by the carrier to the insurance agency subsidiary. The commissions were reported as taxable income for the 1948-1954 period by the management company. After 1954, when Security Life was organized, the credit ...
FeIn Vs. Selective Service System
Court: US Supreme Court
Decided on: Mar-21-1972
Fein v. Selective Service System - 405 U.S. 365 (1972) U.S. Supreme Court Fein v. Selective Service System, 405 U.S. 365 (1972) Fein v. Selective Service System Local Board No. 7 of Yonkers, New York No. 70-58 Argued October 12, 1971 Decided March 21, 1972 405 U.S. 365 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Following petitioner's classification as a conscientious objector by his local Selective Service Board, the State Director requested an appeal. Petitioner was notified, but was not furnished with the basis for the appeal or given an opportunity to reply. The appeal board unanimously classified petitioner I-A and rejected his conscientious objector claim without stating any reasons therefor. Petitioner was not entitled under the regulations to appeal to the national board, but the National Director, on petitioner's request, did note an appeal. The national board unanimously classified petitioner I-A, with no reasons given. There ...
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