Us Supreme Court Court June 1978 Judgments
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Furnco Constr. Corp. Vs. Waters
Court: US Supreme Court
Decided on: Jun-29-1978
Furnco Constr. Corp. v. Waters - 438 U.S. 567 (1978) U.S. Supreme Court Furnco Constr. Corp. v. Waters, 438 U.S. 567 (1978) Furnco Constr. Corp. v. Waters No. 77-369 Argued April 17, 1978 Decided June 29, 1978 438 U.S. 567 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner corporation specializes in relining blast furnaces with "firebrick." It maintains no permanent force of bricklayers, but delegates to the superintendent of a particular job the task of hiring a workforce. Respondents, three black bricklayers, sought employment with petitioner on a particular job, but two of them, though fully qualified, were never offered employment, and the third was hired only long after he had initially applied. The job superintendent, pursuant to industry practice, did not accept applications at the jobsite, but hired only bricklayers who he knew were experienced and competent or who had been recommended to him as similarly skilled. Respondent...
St. Paul Fire and Marine Ins. Co. Vs. Barry
Court: US Supreme Court
Decided on: Jun-29-1978
St. Paul Fire & Marine Ins. Co. v. Barry - 438 U.S. 531 (1978) U.S. Supreme Court St. Paul Fire & Marine Ins. Co. v. Barry, 438 U.S. 531 (1978) St. Paul Fire & Marine Insurance Co. v. Barry No. 77-240 Argued March 27, 1978 Decided June 29, 1978 438 U.S. 531 CERTIORARI TO THE UNITED STATE COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondents, licensed physicians practicing in Rhode Island and their patients, brought a class action against petitioners, four insurance companies writing medical malpractice insurance in the State, alleging a conspiracy in violation of the Sherman Act in which three of the four companies refused to deal on any terms with the policyholders of the fourth as a means of compelling them to submit to new ground rules set by the fourth, whereby coverage on an "occurrence" basis would not be renewed and coverage would issue only on a "claims made" basis. Petitioners' motion to dismiss the antitrust claim on the ground that it was barred by the McCa...
United States Vs. United States Gypsum Co.
Court: US Supreme Court
Decided on: Jun-29-1978
United States v. United States Gypsum Co. - 438 U.S. 422 (1978) U.S. Supreme Court United States v. United States Gypsum Co., 438 U.S. 422 (1978) United States v. United States Gypsum Co. No. 76-1560 Argued March 1, 1978 Decided June 29, 1978 438 U.S. 422 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Several major gypsum board manufacturers and various of their officials were indicted for violations of 1 of the Sherman Act by allegedly engaging in a price-fixing conspiracy. One of the types of actions allegedly taken in formulating and effectuating the conspiracy was interseller price verification, i.e., the practice of telephoning a competing manufacturer to determine the price being currently offered on gypsum board to a specific customer. After some of the defendants pleaded nolo contendere and were sentenced, the remaining defendants were convicted after a trial of some 19 weeks. The Government's case focused on the interseller pri...
Butz Vs. Economou
Court: US Supreme Court
Decided on: Jun-29-1978
Butz v. Economou - 438 U.S. 478 (1978) U.S. Supreme Court Butz v. Economou, 438 U.S. 478 (1978) Butz v. Economou No. 76-709 Argued November 7, 1977 Decided June 29, 1978 438 U.S. 478 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After an unsuccessful Department of Agriculture proceeding to revoke or suspend the registration of respondent's commodity futures commission company, respondent filed an action for damages in District Court against petitioner officials (including the Secretary and Assistant Secretary of Agriculture, the Judicial Officer, the Chief Hearing Examiner who had recommended sustaining the administrative complaint, and the Department attorney who had prosecuted the enforcement proceeding), alleging, inter alia, that, by instituting unauthorized proceedings against him, they had violated various of his constitutional rights. The District Court dismissed the action on the ground that the individual defendants, as federal ...
Regents of Univ. of California Vs. Bakke
Court: US Supreme Court
Decided on: Jun-28-1978
Regents of Univ. of California v. Bakke - 438 U.S. 265 (1978) U.S. Supreme Court Regents of Univ. of California v. Bakke, 438 U.S. 265 (1978) Regents of the University of California v. Bakke No. 7811 Argued October 12, 1977 Decided June 28, 1978 438 U.S. 265 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus The Medical School of the University of California at Davis (hereinafter Davis) had two admissions programs for the entering class of 100 students -- the regular admissions program and the special admissions program. Under the regular procedure, candidates whose overall undergraduate grade point averages fell below 2.5 on a scale of 4.0 were summarily rejected. About one out of six applicants was then given an interview, following which he was rated on a scale of 1 to 100 by each of the committee members (five in 1973 and six in 1974), his rating being based on the interviewers' summaries, his overall grade point average, his science courses grade point average, his ...
Allied Structural Steel Co. Vs. Spannaus
Court: US Supreme Court
Decided on: Jun-28-1978
Allied Structural Steel Co. v. Spannaus - 438 U.S. 234 (1978) U.S. Supreme Court Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978) Allied Structural Steel Co. v. Spannaus No. 77-747 Argued April 25, 1978 Decided June 28, 1978 438 U.S. 234 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Syllabus Appellant, an Illinois corporation, maintained an office in Minnesota with 30 employees. Under appellant's pension plan, adopted in 1963 and qualified under 401 of the Internal Revenue Code, employees were entitled to retire and receive a pension at age 65 regardless of length of service, and an employee's pension right became vested if he satisfied certain conditions as to length of service and age. Appellant was the sole contributor to the pension trust fund, and each year made contributions to the fund based on actuarial predictions of eventual payout needs. But the plan neither required appellant to make specific contributions nor imposed an...
Swisher Vs. Brady
Court: US Supreme Court
Decided on: Jun-28-1978
Swisher v. Brady - 438 U.S. 204 (1978) U.S. Supreme Court Swisher v. Brady, 438 U.S. 204 (1978) Swisher v. Brady No. 77-653 Argued March 29, 1978 Decided June 28, 1978 438 U.S. 204 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Syllabus Appellee minors brought a class action under 42 U.S.C. 1983 seeking, on the basis of the Double Jeopardy Clause of the Fifth Amendment as applied to the States by the Fourteenth, to prevent the State of Maryland from filing exceptions with the Juvenile Court to proposed nondelinquency findings made by masters of that court pursuant to a rule of procedure (Rule 911) permitting the State to file such exceptions, but further providing that the Juvenile Court judge, who is empowered to accept, modify, or reject, the master's proposals, can act on the exceptions only on the basis of the record made before the master, except that he may receive additional evidence to which the parties do not object. The District Court h...
Franks Vs. Delaware
Court: US Supreme Court
Decided on: Jun-26-1978
Franks v. Delaware - 438 U.S. 154 (1978) U.S. Supreme Court Franks v. Delaware, 438 U.S. 154 (1978) Franks v. Delaware, 438 U.S. 154 (1978) No. 77-5176 Argued February 27, 1978 Decided June 26, 1978 438 U.S. 154 CERTIORARI TO THE SUPREME COURT OF DELAWARE Syllabus Prior to petitioner's Delaware state trial on rape and related charges and in connection with his motion to suppress on Fourth Amendment grounds items of clothing and a knife found in a search of his apartment, he challenged the truthfulness of certain factual statements made in the police affidavit supporting the warrant to search the apartment, and sought to call witnesses to prove the misstatements. The trial court sustained the State's objection to such proposed testimony and denied the motion to suppress, and the clothing and knife were admitted as evidence at the ensuing trial, at which petitioner was convicted. The Delaware Supreme Court affirmed, holding that a defendant under no circumstances may challenge...
Berry Vs. Doles
Court: US Supreme Court
Decided on: Jun-26-1978
Berry v. Doles - 438 U.S. 190 (1978) U.S. Supreme Court Berry v. Doles, 438 U.S. 190 (1978) Berry v. Doles No. 76-1690 Decided June 26, 1978 438 U.S. 190 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA Syllabus In 1968, the Georgia statute covering the voting procedures for election of the three members of the Peach County Board of Commissioners of Roads and Revenues was amended so that, instead of all three posts being filled at four-year intervals, the single at-large member was to be elected to a two-year term in 1968 and to a four-year term at subsequent elections. Shortly before the 1976 primary election for two seats on the Board not including the at-large post, appellants brought an action to enforce 5 of the Voting Rights Act of 1965, which requires changes in voting procedures to be submitted for approval either to the United States District Court for the District of Columbia or to the Attorney General. After the scheduled 1976 prima...
Penn Central Transportation Co. Vs. New York City
Court: US Supreme Court
Decided on: Jun-26-1978
Penn Central Transportation Co. v. New York City - 438 U.S. 104 (1978) U.S. Supreme Court Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) Penn Central Transportation Co. v. New York City No. 77-444 Argued April 17, 1978 Decided June 26, 1978 438 U.S. 104 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus Under New York City's Landmarks Preservation Law (Landmarks Law), which was enacted to protect historic landmarks and neighborhoods from precipitate decisions to destroy or fundamentally alter their character, the Landmarks Preservation Commission (Commission) may designate a building to be a "landmark" on a particular "landmark site" or may designate an area to be a "historic district." The Board of Estimate may thereafter modify or disapprove the designation, and the owner may seek judicial review of the final designation decision. The owner of the designated landmark must keep the building's exterior "in good repair," and, before exterior alterati...
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