Us Supreme Court Court February 1973 Judgments
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Brennan Vs. Arnheim and Neely, Inc.
Court: US Supreme Court
Decided on: Feb-28-1973
Brennan v. Arnheim & Neely, Inc. - 410 U.S. 512 (1973) U.S. Supreme Court Brennan v. Arnheim & Neely, Inc., 410 U.S. 512 (1973) Brennan v. Arnheim & Neely, Inc. No. 71-1598 Argued January 16, 1973 Decided February 28, 1973 410 U.S. 512 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondent company, a fully integrated real estate management concern directing from its central office manifold operations at nine separately owned buildings, including leasing the properties for the owners and hiring, firing, supervising, and negotiating the ages of those employed in the buildings, held to be an "enterprise" within the meaning of 3(r) of the Fair Labor Standards Act, since respondent conducts related activities through unified operation or control, for a common business purpose. It is irrelevant, for purposes of defining the respondent's enterprise under 3(r), that the building owners, who are not defendants in this enforcement action under th...
Braden Vs. 30th Judicial Circuit Court of Kentucky
Court: US Supreme Court
Decided on: Feb-28-1973
Braden v. 30th Judicial Circuit Court of Kentucky - 410 U.S. 484 (1973) U.S. Supreme Court Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973) Braden v. 30th Judicial Circuit Court of Kentucky No. 71-6516 Argued December 5, 1972 Decided February 28, 1973 410 U.S. 484 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner, imprisoned in Alabama, applied to the District Court for the Western District of Kentucky for a writ of federal habeas corpus to compel the Commonwealth of Kentucky to grant him a speedy trial on an indictment returned by the grand jury of respondent court regarding which Kentucky had lodged a detainer with Alabama. The District Court granted the writ, but the Court of Appeals reversed on the ground that 28 U.S.C. 2241(a), which provides that "[w]rits of habeas corpus may be granted by the . . . district courts . . . within their respective jurisdictions" precluded granting the writ to a prisoner who ...
United States Vs. First Nat. Bancorporation
Court: US Supreme Court
Decided on: Feb-28-1973
UNITED STATES v. FIRST NAT. BANCORPORATION - 410 U.S. 577 (1973) U.S. Supreme Court UNITED STATES v. FIRST NAT. BANCORPORATION, 410 U.S. 577 (1973) 410 U.S. 577 UNITED STATES v. FIRST NATIONAL BANCORPORATION, INC., ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO No. 71-703. Argued October 16-17, 1972 Decided February 28, 1973 329 F. Supp. 1003, affirmed by an equally divided Court. Deputy Solicitor General Friedman argued the cause for the United States. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Kauper, Acting Assistant Attorney General Comegys, Donald I. Baker, Howard E. Shapiro, William Bradford Reynolds, and Lee A. Rau. Eugene J. Metzger argued the cause for appellees. With him on the briefs were Edward B. Close, Jr., Carl W. Schwarz, and Mark W. Haase. * [ Footnote * ] Briefs of amici curiae were filed by Robert Bloom, C. Westbrook Murphy, and Charles H. McEnerney, Jr., for the Comptroller of ...
United States Vs. Falstaff Brewing Corp.
Court: US Supreme Court
Decided on: Feb-28-1973
United States v. Falstaff Brewing Corp. - 410 U.S. 526 (1973) U.S. Supreme Court United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973) United States v. Falstaff Brewing Corp. No. 71-873 Argued October 17, 1972 Decided February 28, 1973 410 U.S. 526 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND Syllabus Respondent Falstaff, the Nation's fourth largest beer producer, which was desirous of achieving national status, agreed to acquire the largest seller of beer in the New England market rather than enter de novo. The District Court dismissed the Government's resultant suit charging violation of 7 of the Clayton Act, finding that entry by acquisition, which the court found was the only way that respondent intended to penetrate the New England market, would not result in a substantial lessening of competition. Held: The District Court erred in assuming that, because respondent would not have entered the market de novo, it could not be...
Tillman Vs. Wheaton-haven Recreation Assn., Inc.
Court: US Supreme Court
Decided on: Feb-27-1973
Tillman v. Wheaton-Haven Recreation Assn., Inc. - 410 U.S. 431 (1973) U.S. Supreme Court Tillman v. Wheaton-Haven Recreation Assn., Inc., 410 U.S. 431 (1973) Tillman v. Wheaton-Haven Recreation Assn., Inc. No. 71-1136 Argued November 15, 1972 Decided February 27, 1973 410 U.S. 431 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent association (Wheaton-Haven) operates a community swimming pool, use of which is limited to white members and their white guests. Under Wheaton-Haven's bylaws, a person residing within a geographic preference area, unlike one living outside that area, needs no endorsement for membership from a current member; receives priority (if the membership is full) over all but those who have first options; and (if an owner-member selling his house) can confer a first option for membership on his vendee. Petitioners -- the Presses, a Negro couple who bought a home in the preference area from a nonmember, and were denie...
illinois Vs. Somerville
Court: US Supreme Court
Decided on: Feb-27-1973
Illinois v. Somerville - 410 U.S. 458 (1973) U.S. Supreme Court Illinois v. Somerville, 410 U.S. 458 (1973) Illinois v. Somerville No. 71-692 Argued November 13, 1972 Decided February 27, 1973 410 U.S. 458 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent was brought to trial under an indictment which, it developed before any evidence was presented, contained a defect that, under Illinois law, could not be cured by amendment and that, on appeal, could be asserted to overturn any judgment of conviction. The trial judge declared a mistrial over respondent's objection, following which respondent was reindicted, tried, and convicted. He thereafter petitioned for habeas corpus, which was ultimately granted on the ground that, jeopardy having attached when the jury was initially impaneled and sworn, the second trial constituted double jeopardy. Held: Under the circumstances of this case, the trial judge's action in declaring a mistrial...
United States Vs. Basye
Court: US Supreme Court
Decided on: Feb-27-1973
United States v. Basye - 410 U.S. 441 (1973) U.S. Supreme Court United States v. Basye, 410 U.S. 441 (1973) United States v. Basye No. 71-1022 Argued December 11, 1972 Decided February 27, 1973 410 U.S. 441 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A medical partnership (Permanente), in which respondent physicians were partners, made an agreement to supply medical services to members of a health foundation (Kaiser). A portion of Kaiser's compensation to Permanente was in the form of payments into a retirement trust for the benefit of Permanente's physicians, none of whom was eligible to receive the amounts in his tentative account prior to retirement after specified years of service. No interest in the account was deemed to vest in a particular beneficiary before retirement, and a physician's pre-retirement severance from Permanente would occasion the forfeiture of his interest, with redistribution to the remaining participants. Under n...
Department of Motor Vehicles Vs. Rios
Court: US Supreme Court
Decided on: Feb-26-1973
Department of Motor Vehicles v. Rios - 410 U.S. 425 (1973) U.S. Supreme Court Department of Motor Vehicles v. Rios, 410 U.S. 425 (1973) Department of Motor Vehicles of California v. Rios No. 72-686 Decided February 26, 1973 410 U.S. 425 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus Since it is not clear whether the California Supreme Court judgment reversing the lower court is based on federal or state constitutional grounds, or both, and therefore whether this Court has jurisdiction on review, that judgment is vacated and the case remanded. Certiorari granted; 7 Cal.3d 792, 499 P.2d 979, vacated and remanded. PER CURIAM. Petitioner, a California motorist, was involved in an automobile collision on March 18, 1971. Both drivers filed accident reports with the California Department of Motor Vehicles, as required by the California Financial Responsibility Laws. Without affording petitioner a hearing on the question of potential liability, and...
Otter Tail Power Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-22-1973
Otter Tail Power Co. v. United States - 410 U.S. 366 (1973) U.S. Supreme Court Otter Tail Power Co. v. United States, 410 U.S. 366 (1973) Otter Tail Power Co. v. United States No. 71-991 Argued December 5, 1972 Decided February 22, 1973 410 U.S. 366 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Syllabus In this Sherman Act suit, brought by the Government, the District Court enjoined as violative of 2 the following practices in which appellant, Otter Tail Power Co. (Otter Tail), engaged to prevent towns from establishing their own power systems when Otter Tail's retail franchises expired: refusals to wholesale power to the municipal systems or transfer ("wheel") it over Otter Tail's facilities from other sources, litigation intended to delay establishment of municipal systems, and invocation of transmission contract provisions to forestall supplying by other power companies. Held: l. Otter Tail is not insulated from antitrust regulation by rea...
Morris Vs. Weinberger
Court: US Supreme Court
Decided on: Feb-22-1973
Morris v. Weinberger - 410 U.S. 422 (1973) U.S. Supreme Court Morris v. Weinberger, 410 U.S. 422 (1973) Morris v. Weinberger No. 71-6698 Argued January 17, 1973 Decided February 22, 1973 410 U.S. 422 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 455 F.2d 775, certiorari dismissed as improvidently granted. PER CURIAM. Twenty days after this Court granted a writ of certiorari, 409 U.S. 841, Congress amended the relevant statutory provisions, § 202(d)(8) of the Social Security Act, 42 U.S.C. § 402(d)(8). See § 111(a), Social Security Amendments of 1972 (Oct. 30, 1972), Pub.L. 92-603, 86 Stat. 1329. The writ of certiorari heretofore granted is dismissed as improvidently granted. MR. JUSTICE DOUGLAS, dissenting. In this case, petitioner was denied social security benefits for his dependent adopted daughter because her court-approved adoption was not supervised by a child placement agency. As noted by the Court, the section which barre...
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