Us Supreme Court Court December 1973 Judgments
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Zahn Vs. International Paper Co.
Court: US Supreme Court
Decided on: Dec-17-1973
Zahn v. International Paper Co. - 414 U.S. 291 (1973) U.S. Supreme Court Zahn v. International Paper Co., 414 U.S. 291 (1973) Zahn v. International Paper Co. No. 72-888 Argued October 16, 1973 Decided December 17, 1973 414 U.S. 291 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Multiple plaintiffs with separate and distinct claims must each satisfy the jurisdictional amount for suits in federal courts, and, in this diversity class action under Fed.Rule Civ.Proc. 23(b)(3) by owners of lakeshore property charging respondent with polluting the lake, where only the named plaintiffs, but not the unnamed plaintiffs, could show damages in the jurisdictional amount, a class action is not maintainable. Each plaintiff in a Rule 23(b)(3) class action must satisfy the jurisdictional amount and any plaintiff who does not must be dismissed from the case. Snyder v. Harris, 394 U. S. 332 , followed. Pp. 414 U. S. 292 -302. 469 F.2d 1033, affirmed. W...
Nlrb Vs. Savair Mfg. Co.
Court: US Supreme Court
Decided on: Dec-17-1973
NLRB v. Savair Mfg. Co. - 414 U.S. 270 (1973) U.S. Supreme Court NLRB v. Savair Mfg. Co., 414 U.S. 270 (1973) National Labor Relations Board v. Savair Manufacturing Co. No. 72-1231 Argued November 12, 1973 Decided December 17, 1973 414 U.S. 270 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus A labor union's offer to waive initiation fees for all employees who sign union authorization cards before a certification election under the National Labor Relations Act interferes with the employees' right to refrain from union activities guaranteed by 7 of the Act, does not comport with the principle of "fair and free choice of bargaining representatives by employees" that is inherent in 9(c)(1)(A), NLRB v. Tower Co., 329 U. S. 324 , and is ground for denying enforcement of an order against the employer to bargain with the union after it wins the election. Pp. 414 U. S. 275 -281. 470 F.2d 305, affirmed. DOUGLAS, J., delivered the opinion of th...
Bonelli Cattle Co. Vs. Arizona
Court: US Supreme Court
Decided on: Dec-17-1973
Bonelli Cattle Co. v. Arizona - 414 U.S. 313 (1973) U.S. Supreme Court Bonelli Cattle Co. v. Arizona, 414 U.S. 313 (1973) Bonelli Cattle Co. v. Arizona No. 72-397 Argued October 15, 1973 Decided December 17, 1973 414 U.S. 313 CERTIORARI TO THE SUPREME COURT OF ARIZONA Syllabus Certain land abutting the east bank of the Colorado River was conveyed in 1910 by federal patent to a railroad company. Upon admission to the Union in 1912, Arizona succeeded the Federal Government to title to the bed of the Colorado River. The river's gradual eastward movement submerged the subject land by erosion so that title was mechanically transferred to the State as part of the riverbed. In 1955, petitioner cattle company acquired title to the original railroad grant, most of which by that time was covered by water. In 1959, the subject land was abandoned by the Colorado as a result of a federal rechanneling project. Petitioner cattle company filed this action to quiet title and prevailed in the...
Gustafson Vs. Florida
Court: US Supreme Court
Decided on: Dec-11-1973
Gustafson v. Florida - 414 U.S. 260 (1973) U.S. Supreme Court Gustafson v. Florida, 414 U.S. 260 (1973) Gustafson v. Florida No. 71-1669 Argued October 9, 1973 Decided December 11, 1973 414 U.S. 260 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus During the course of a pat-down search of the person of petitioner, who had been arrested for not having his driver's license in his possession, the arresting officer seized marihuana cigarettes, for the unlawful possession of which petitioner was subsequently tried and convicted. The State Supreme Court upheld the conviction, concluding that the search leading to the discovery of the marihuana, which was used as evidence in petitioner's trial, was not unreasonable. Held: The full search of the person of the suspect made incident to a lawful custodial arrest did not violate the Fourth and Fourteenth Amendments, United States v. Robinson, ante, p. 414 U. S. 218 , and it is of no constitutional significance that, contrary to...
United States Vs. Robinson
Court: US Supreme Court
Decided on: Dec-11-1973
United States v. Robinson - 414 U.S. 218 (1973) U.S. Supreme Court United States v. Robinson, 414 U.S. 218 (1973) United States v. Robinson No. 72-936 Argued October 9, 1973 Decided December 11, 1973 414 U.S. 218 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Having, as a result of a previous check of respondent's operator's permit, probable cause to arrest respondent for driving while his license was revoked, a police officer made a full custody arrest of respondent for such offense. In accordance with prescribed procedures, the officer made a search of respondent's person, in the course of which he found in a coat pocket a cigarette package containing heroin. The heroin was admitted into evidence at the District Court trial, which resulted in respondent's conviction for a drug offense. The Court of Appeals reversed on the ground that the heroin had been obtained as a result of a search in violation of the Fourth Amendment. ...
Foley Vs. Blair and Co., Inc.
Court: US Supreme Court
Decided on: Dec-05-1973
Foley v. Blair & Co., Inc. - 414 U.S. 212 (1973) U.S. Supreme Court Foley v. Blair & Co., Inc., 414 U.S. 212 (1973) Foley v. Blair & Co., Inc. No. 72-1154 Argued November 12, 1973 Decided December 5, 1973 414 U.S. 212 CERTIORARI TO THE UNITED STATE COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent securities broker was adjudged an involuntary bankrupt for having committed the fifth act of bankruptcy under 3a(5) of the Bankruptcy Act. This adjudication was reversed by the Court of Appeals, but subsequently the bankruptcy court, on a petition by the broker which had been filed shortly after the adjudication, confirmed the broker's proposed arrangement with creditors under Chapter XI of the Act. Held: Where the issue of whether the confirmation of the Chapter XI arrangement renders the case moot because the petitioners no longer have a monetary stake in resolving whether the fifth act of bankruptcy had been committed, was briefed and argued before this Court, but,...
Golden State Bottling Co., Inc. Vs. Nlrb
Court: US Supreme Court
Decided on: Dec-05-1973
Golden State Bottling Co., Inc. v. NLRB - 414 U.S. 168 (1973) U.S. Supreme Court Golden State Bottling Co., Inc. v. NLRB, 414 U.S. 168 (1973) Golden State Bottling Co., Inc. v. NLRB No. 72-702 Argued October 11, 1973 Decided December 5, 1973 414 U.S. 168 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioner All American Beverages, Inc. (All American), purchased the soft drink bottling and distribution business of petitioner Golden State Bottling Co. (Golden State) after the National Labor Relations Board (NLRB) had ordered Golden State, "its officers, agents, successors, and assigns" to reinstate with backpay a driver-salesman whose discharge by Golden State was found to have been an unfair labor practice. In a subsequent back-pay specification proceeding to which both firms were parties, upon finding that All American, after the acquisition, continued the business without interruption or substantial change in operations, employee comple...
Board of Pharmacy Vs. Snyder's Drug Stores
Court: US Supreme Court
Decided on: Dec-05-1973
Board of Pharmacy v. Snyder's Drug Stores - 414 U.S. 156 (1973) U.S. Supreme Court Board of Pharmacy v. Snyder's Drug Stores, 414 U.S. 156 (1973) North Dakota Board of Pharmacy v. Snyder's Drug Stores, Inc., No. 72-1176 Argued November 6, 1973 Decided December 5, 1973 414 U.S. 156 CERTIORARI TO THE SUPREME COURT OF NORTH DAKOTA Syllabus The North Dakota Supreme Court, relying on Liggett Co. v. Baldridge, 278 U. S. 105 , held unconstitutional a state statute under which respondent had been denied a pharmacy operating permit, requiring that an applicant for such a permit be "a registered pharmacist in good standing" or "a corporation or association, the majority stock in which is owned by registered pharmacists in good standing, actively and regularly employed in and responsible for the management, supervision, and operation of such pharmacy." The court remanded the case so that petitioner Board could conduct an administrative hearing " sans the constitutional issue," o...
Falk Vs. Brennan
Court: US Supreme Court
Decided on: Dec-05-1973
Falk v. Brennan - 414 U.S. 190 (1973) U.S. Supreme Court Falk v. Brennan, 414 U.S. 190 (1973) Falk v. Brennan No. 72-844 Argued October 11, 1973 Decided December 5, 1973 414 U.S. 190 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent brought this action to enjoin petitioners (hereafter D & F), a fully integrated partnership managing apartment complexes for a fixed percentage of the gross rentals collected from each project, from minimum wage and other violations of the Fair Labor Standards Act. The District Court dismissed the complaint, adopting D & F's contentions that it does not have a $500,000 "annual gross volume of sales made or business done," and thus does not come within the term "enterprise engaged in commerce" as defined in 3(s) of the Act, and that it is not an employer, within the meaning of 3(d), of the maintenance personnel who are paid from the rentals received at the apartment complexes where they work. The Court ...
Merrill Lynch, Pierce, Fenner and Smith, Inc. Vs. Ware
Court: US Supreme Court
Decided on: Dec-04-1973
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware - 414 U.S. 117 (1973) U.S. Supreme Court Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware, 414 U.S. 117 (1973) Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware No. 72-312 Argued October 9-10, 1973 Decided December 4, 1973 414 U.S. 117 CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT Syllabus When respondent voluntarily terminated his employment as an account executive in petitioner securities broker's San Francisco office for a similar position with a competitor, petitioner determined, pursuant to a forfeiture clause of its employees' profit-sharing plan, that respondent, by entering competitive employment, had forfeited all rights to the plan's benefits. Respondent sought a declaratory judgment in a California state court that the forfeiture clause was unlawful under 16600 of the California Business and Professions Code, which invalidates every contract restraining a person from engaging in...
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