Us Supreme Court Court May 1976 Judgments
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VA. Pharmacy Bd. Vs. VA. Consumer Council
Court: US Supreme Court
Decided on: May-24-1976
Va. Pharmacy Bd. v. Va. Consumer Council - 425 U.S. 748 (1976) U.S. Supreme Court Va. Pharmacy Bd. v. Va. Consumer Council, 425 U.S. 748 (1976) Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. No. 74-895 Argued November 11, 1975 Decided May 24, 1976 425 U.S. 748 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Syllabus Appellees, as consumers of prescription drugs, brought suit against the Virginia State Board of Pharmacy and its individual members, appellants herein, challenging the validity under the First and Fourteenth Amendments of a Virginia statute declaring it unprofessional conduct for a licensed pharmacist to advertise the prices of prescription drugs. A three-judge District Court declared the statute void and enjoined appellants from enforcing it. Held: 1. Any First Amendment protection enjoyed by advertisers seeking to disseminate prescription drug price information is also enjoyed, and thus may be ...
Hospital Bldg. Co. Vs. Trustees of Rex Hosp.
Court: US Supreme Court
Decided on: May-24-1976
Hospital Bldg. Co. v. Trustees of Rex Hosp. - 425 U.S. 738 (1976) U.S. Supreme Court Hospital Bldg. Co. v. Trustees of Rex Hosp., 425 U.S. 738 (1976) Hospital Building Co. v. Trustees of Rex Hospital No. 74-1452 Argued February 25, 1976 Decided May 24, 1976 425 U.S. 738 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner corporation, which operates a 49-bed proprietary hospital (Mary Elizabeth) in Raleigh, N.C. brought this antitrust action alleging that respondents, a private, tax-exempt hospital (Rex) in Raleigh, two of its officers, and a health planning officer, had violated the Sherman Act by conspiring along with others to block the relocation and expansion within Raleigh of Mary Elizabeth, for the purpose of enabling Rex to monopolize the business of providing hospital services in Raleigh. Petitioner alleged that a substantial portion of its medicines and supplies comes from out-of-state sellers; that a large portion of its rev...
Alfred Dunhill of London, Inc. Vs. Republic of Cuba
Court: US Supreme Court
Decided on: May-24-1976
Alfred Dunhill of London, Inc. v. Republic of Cuba - 425 U.S. 682 (1976) U.S. Supreme Court Alfred Dunhill of London, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) Alfred Dunhill of London, Inc. v. Republic of Cuba No. 73-1288 Argued December 10, 1974 Reargued January 19, 1976 Decided May 24, 1976 425 U.S. 682 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After the "intervention" (nationalization) by Cuba in 1960 of the business and assets of five leading cigar manufacturers, the former owners (most of whom had fled to the United States) brought actions against petitioner and two other importers for, inter alia, the purchase price of cigars that had been shipped to the importers from the seized Cuban plants. Following conclusion of related litigation, the Cuban "interventors" (those named to possess and occupy the seized businesses, one of whom, and Cuba, are the respondents herein) were allowed to join in those actions, which were cons...
South Prairie Constr. Co. Vs. Operating Engineers
Court: US Supreme Court
Decided on: May-24-1976
South Prairie Constr. Co. v. Operating Engineers - 425 U.S. 800 (1976) U.S. Supreme Court South Prairie Constr. Co. v. Operating Engineers, 425 U.S. 800 (1976) South Prairie Construction Co. v. Local No. 627, International Union of Operating Engineers, AFL-CIO No. 75-1097 Decided May 24, 1976 * 425 U.S. 800 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondent union filed a complaint with the National Labor Relations Board alleging that two highway contractors (South Prairie and Kiewit), the wholly owned subsidiaries of another corporation, had committed an unfair labor practice in violation of 8(a)(1) and (5) of the National Labor Relations Act by refusing to apply to South Prairie's employees the collective bargaining agreement between the union and Kiewit, that South Prairie and Kiewit constituted a single "employer" under the Act for purposes of applying the agreement, and that, hence, under ...
Arizona Vs. New Mexico
Court: US Supreme Court
Decided on: May-24-1976
Arizona v. New Mexico - 425 U.S. 794 (1976) U.S. Supreme Court Arizona v. New Mexico, 425 U.S. 794 (1976) Arizona v. New Mexico No. 70, Orig. Decided May 24, 1976 425 U.S. 794 ON MOTION FOR LEAVE TO FILE A BILL OF COMPLAINT Syllabus Motion by Arizona, purportedly in its proprietary capacity as a consumer of, and as parens patriae for its citizens who consume, electrical energy generated in New Mexico, for leave to file an original complaint in this Court against New Mexico seeking declaratoy and injunctive relief on constitutional grounds against New Mexico's tax on the generation of electricity in that State, is denied. The pending state court action in New Mexico by the Arizona utilities involved in this case raises the same constitutional issues and provides an appropriate forum for litigating such issues. PER CURIAM. The State of Arizona, as a consumer, and its citizens, as consumers, purchase substantial amounts of electrical energy generated in New Mexico by three A...
American Motorists Ins. Co. Vs. Starnes
Court: US Supreme Court
Decided on: May-19-1976
American Motorists Ins. Co. v. Starnes - 425 U.S. 637 (1976) U.S. Supreme Court American Motorists Ins. Co. v. Starnes, 425 U.S. 637 (1976) American Motorists Ins. Co. v. Starnes No. 74-1481 Argued February 23, 1976 Decided May 19, 1976 425 U.S. 637 APPEAL FROM THE COURT OF CIVIL APPEALS OF TEXAS, TENTH SUPREME JUDICIAL DISTRICT Syllabus Though Texas' general venue statute provides that no inhabitant of the State shall be sued outside the county of his domicile, an exception where a Texas corporation is the defendant provides in pertinent part for suit outside the domiciliary county only if, at a preliminary venue hearing, it is proved by a preponderance of evidence that the plaintiff has a cause of action. No such proof is required under another exception applicable in a suit against a foreign corporation like appellant, which has qualified to do business in Texas. On appellant's challenge to the constitutionality of this venue procedure as being invidiously discriminatory...
Connor Vs. Coleman
Court: US Supreme Court
Decided on: May-19-1976
Connor v. Coleman - 425 U.S. 675 (1976) U.S. Supreme Court Connor v. Coleman, 425 U.S. 675 (1976) Connor v. Coleman No. 75-1184 Decided May 19, 1976 425 U.S. 675 ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS Syllabus Motion for leave to file a petition for writ of mandamus to compel the District Court to enter a final judgment embodying a permanent reapportionment plan for the Mississippi Legislature is granted, there being no justification for delaying further a final decision in this 10-year litigation that complies with this Court's directive to the District Court that "[s]uch proceedings should go forward and be promptly concluded," Connor v. Williams, 404 U. S. 549 , 404 U. S. 551 -552. Since the District Court may be expected to conform its proceedings accordingly, consideration of the mandamus petition is continued. PER CURIAM. This case is here on movants' motion, supported by the United States, for leave to file a petition for writ of mandamus. Th...
Hynes Vs. Mayor of Oradell
Court: US Supreme Court
Decided on: May-19-1976
Hynes v. Mayor of Oradell - 425 U.S. 610 (1976) U.S. Supreme Court Hynes v. Mayor of Oradell, 425 U.S. 610 (1976) Hynes v. Mayor of Oradell No. 74-1329 Argued December 10, 1975 Decided May 19, 1976 425 U.S. 610 APPEAL FROM THE SUPREME COURT OF NEW JERSEY Syllabus A municipal ordinance requiring that advance written notice be given to the local police department by "[a]ny person [including representatives of Borough Civic Groups and Organizations] desiring to canvass, solicit or call from house to house . . . for a recognized charitable cause, or . . . for a Federal, State, County or Municipal political campaign or cause . . . for identification only" held invalid because of vagueness. A municipality has the power to enforce reasonable door-to-door soliciting and canvassing regulations to protect its citizens from crime and undue annoyance. The Court has consistently recognized that a narrowly drawn ordinance that does not vest in municipal officials the undefined power to...
Naacp Vs. Fpc
Court: US Supreme Court
Decided on: May-19-1976
NAACP v. FPC - 425 U.S. 662 (1976) U.S. Supreme Court NAACP v. FPC, 425 U.S. 662 (1976) National Association for the Advancement of Colored People v. Federal Power Commission No. 74-1608 Argued February 25, 1976 Decided May 19, 1976 * 425 U.S. 662 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The National Association for the Advancement of Colored People and various other organizations petitioned the Federal Power Commission (FPC) to issue a rule "requiring equal employment opportunity and nondiscrimination in the employment practices of its regulatees." The FPC refused, holding that it had no jurisdiction to issue such a rule. On petition for review, the Court of Appeals, while agreeing that the FPC lacked power to prescribe personnel practices in detail and act upon personnel complaints, held that the FPC does have "power to take into account, in the performance of its regulatory functions, including licensing and rate r...
Northern Cheyenne Tribe Vs. Hollowbreast
Court: US Supreme Court
Decided on: May-19-1976
Northern Cheyenne Tribe v. Hollowbreast - 425 U.S. 649 (1976) U.S. Supreme Court Northern Cheyenne Tribe v. Hollowbreast, 425 U.S. 649 (1976) Northern Cheyenne Tribe v. Hollowbreast No. 75-145 Argued March 29, 1976 Decided May 19, 1976 425 U.S. 649 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 3 of the Northern Cheyenne Allotment Act of 1926 (Act) reserves coal and other mineral deposits underlying lands on the Northern Cheyenne Reservation for the Tribe's benefit, but further provides that, 50 years after approval of the Act, such deposits "shall become the property of the respective allottees or their heirs," and that the "unallotted lands" shall be "subject to the control and management thereof as Congress may deem expedient for the benefit of said Indians." In 1968, Congress amended the Act to reserve the mineral rights "in perpetuity for the benefit of the Tribe," subject to a prior judicial determination that the allottees had...
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