Us Supreme Court Court March 1983 Judgments
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Tuten Vs. United States
Court: US Supreme Court
Decided on: Mar-30-1983
Tuten v. United States - 460 U.S. 660 (1983) U.S. Supreme Court Tuten v. United States, 460 U.S. 660 (1983) Tuten v. United States No. 81-6756 Argued March 1, 1983 Decided March 30, 1983 460 U.S. 660 CERTIORARI TO THE DISTRICT OF COLUMBIA COURT OF APPEALS Syllabus In 1971, petitioner, who was then 19 years old, pleaded guilty to the charge of carrying a pistol without a license in violation of a provision of the District of Columbia Code and was placed on probation for two years under 5010(a) of the Federal Youth Corrections Act (YCA). At the end of the 2-year probationary period, he was unconditionally discharged from the YCA program. In 1980, petitioner was again convicted of carrying a pistol without a license under the same provision of the District of Columbia Code, and was sentenced to imprisonment as a felon, rather than a misdemeanant, under the recidivist provision of the Code. The District of Columbia Court of Appeals affirmed, rejecting petitioner's contention th...
Arizona Vs. California
Court: US Supreme Court
Decided on: Mar-30-1983
Arizona v. California - 460 U.S. 605 (1983) U.S. Supreme Court Arizona v. California, 460 U.S. 605 (1983) Arizona v. California No. 8, Orig. Argued December 8, 1982 Decided March 30, 1983 460 U.S. 605 ON EXCEPTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDED DECREE AND MOTIONS TO INTERVENE Syllabus This extended litigation over rights to the waters of the Colorado River began in 1952, when Arizona brought an original action in this Court against California and several of its public agencies. Later, Nevada, New Mexico, Utah, and the United States became parties. Following the report of a Special Master, the major issue in the case -- the apportionment of water among the lower basin States -- was resolved in the Court's opinion, 373 U. S. 373 U.S. 546, and 1964 decree, 376 U. S. 376 U.S. 340. A supplemental decree identifying present perfected rights was entered in 1979. 439 U. S. 439 U.S. 419. Pursuant to the Court's initial opinion and decree, the United States acquire...
Washington Vs. United States
Court: US Supreme Court
Decided on: Mar-29-1983
Washington v. United States - 460 U.S. 536 (1983) U.S. Supreme Court Washington v. United States, 460 U.S. 536 (1983) Washington v. United States No. 81-969 Argued January 10, 1983 Decided March 29, 1983 460 U.S. 536 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Washington state statutes impose a sales tax on federal contractors with respect to the sale of materials to such contractors for work on federal projects, but with regard to nonfederal construction projects, the tax is imposed on the landowner, who pays tax on the full price of the project, including the contractor's labor costs and markup, as well as the cost of tangible personal property sold to the contractor. The United States filed suit in Federal District Court, seeking declaratory and injunctive relief and an order requiring a refund of sales taxes for which the Federal Government had reimbursed its contractors. The District Court granted partial summary judgment for the Unite...
Minneapolis Star Vs. Minnesota Comm'r
Court: US Supreme Court
Decided on: Mar-29-1983
Minneapolis Star v. Minnesota Comm'r - 460 U.S. 575 (1983) U.S. Supreme Court Minneapolis Star v. Minnesota Comm'r, 460 U.S. 575 (1983) Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue No. 81-1839 Argued January 12, 1983 Decided March 29, 1983 460 U.S. 575 APPEAL FROM THE SUPREME COURT OF MINNESOTA Syllabus While exempting periodic publications from its general sales and use tax, Minnesota imposes a "use tax" on the cost of paper and ink products consumed in the production of such a publication, but exempts the first $100,000 worth of paper and ink consumed in any calendar year. Appellant newspaper publisher brought an action seeking a refund of the ink and paper use taxes it had paid during certain years, contending that the tax violates, inter alia, the guarantee of the freedom of the press in the First Amendment. The Minnesota Supreme Court upheld the tax. Held: The tax in question violates the First Amendment. Pp. 460 U. S. 579 -593. (a) There ...
illinois Vs. Abbott and Assocs., Inc.
Court: US Supreme Court
Decided on: Mar-29-1983
Illinois v. Abbott & Assocs., Inc. - 460 U.S. 557 (1983) U.S. Supreme Court Illinois v. Abbott & Assocs., Inc., 460 U.S. 557 (1983) Illinois v. Abbott & Assocs., Inc. No. 81-1114 Argued November 29, 1982 Decided March 29, 1983 460 U.S. 557 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Section 4F(a) of the Clayton Act, enacted in 1976, provides that, whenever the Attorney General of the United States has brought an action under the federal antitrust laws and has reason to believe that any state attorney general would be entitled to bring an action under the Act based on substantially the same alleged violation, he shall give written notification to that official. Under 4F(b), in order to assist a state attorney general in evaluating this notice or in bringing an action, the United States Attorney General, upon the state attorney general's request, must make available to him, "to the extent permitted by law, any investigative files or oth...
Thurston Motor Lines, Inc. Vs. Jordan K. Rand, Ltd.
Court: US Supreme Court
Decided on: Mar-28-1983
Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd. - 460 U.S. 533 (1983) U.S. Supreme Court Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 460 U.S. 533 (1983) Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd. No. 82-713 Decided March 28, 1983 460 U.S. 533 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Held: Federal question jurisdiction under 28 U.S.C. 1337 exists over petitioner common carrier's action in Federal District Court, where petitioner alleged that respondent failed to pay a specified amount in motor freight charges, as required by petitioner's tariffs on file with the Interstate Commerce Commission, and that the action arose under the Interstate Commerce Act. Louisville & Nashville R. Co. v. Rice, 247 U. S. 201 , is controlling. Petitioner's suit cannot be characterized as a "simple contract-collection action." A carrier's claim is, of necessity, predicated on its tariffs regulated by the Interst...
Florida Vs. Royer
Court: US Supreme Court
Decided on: Mar-23-1983
Florida v. Royer - 460 U.S. 491 (1983) U.S. Supreme Court Florida v. Royer, 460 U.S. 491 (1983) Florida v. Royer No. 80-2146 Argued October 12, 1982 Decided March 23, 1983 460 U.S. 491 CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD APPELLATE DISTRICT Syllabus After purchasing a one-way airline ticket to New York City at Miami International Airport under an assumed name and checking his two suitcases bearing identification tags with the same assumed name, respondent went to the concourse leading to the airline boarding area, where he was approached by two detectives, who previously had observed him and believed that his characteristics fit the so-called "drug courier profile." Upon request, but without oral consent, respondent produced his airline ticket and driver's license, which carried his correct name. When the detectives asked about the discrepancy in names, respondent explained that a friend had made the ticket reservation in the assumed name. The detect...
District of Columbia Ct. of Appeals Vs. Feldman
Court: US Supreme Court
Decided on: Mar-23-1983
District of Columbia Ct. of Appeals v. Feldman - 460 U.S. 462 (1983) U.S. Supreme Court District of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462 (1983) District of Columbia Court of Appeals v. Feldman No. 81-1335 Argued December 8, 1982 Decided March 23, 1983 460 U.S. 462 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondents filed petitions in the District of Columbia Court of Appeals asking for waivers of that court's District of Columbia Bar admission rule that requires applicants to have graduated from a law school approved by the American Bar Association. The court issued per curiam orders denying the petitions. Respondents then filed complaints in the United States District Court for the District of Columbia, challenging the District of Columbia Court of Appeals' denials of their waiver petitions and also challenging the constitutionality of the bar admission rule. The District Court dismissed the complaints on t...
United States Vs. Generix Drug Corp.
Court: US Supreme Court
Decided on: Mar-22-1983
United States v. Generix Drug Corp. - 460 U.S. 453 (1983) U.S. Supreme Court United States v. Generix Drug Corp., 460 U.S. 453 (1983) United States v. Generix Drug Corp. No. 81-1222 Argued November 3, 1982 Decided March 22, 1983 460 U.S. 453 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus The Federal Food, Drug, and Cosmetic Act (Act) prohibits the marketing of a "new drug" without the prior approval of the Food and Drug Administration (FDA). Section 201(p) of the Act defines a "new drug" as "any drug . . . [which] is not generally recognized . . . as safe and effective . . . or . . . which has not, otherwise than in [safety and effectiveness] investigations, been used to a material extent or for a material time." Section 201(g)(1) defines the term "drug" as, inter alia, "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or in other animals." The Government brought an action in Fed...
Falls City Indus., Inc. Vs. Vanco Beverage, Inc.
Court: US Supreme Court
Decided on: Mar-22-1983
Falls City Indus., Inc. v. Vanco Beverage, Inc. - 460 U.S. 428 (1983) U.S. Supreme Court Falls City Indus., Inc. v. Vanco Beverage, Inc., 460 U.S. 428 (1983) Falls City Industries, Inc. v. Vanco Beverage, Inc. No. 81-1271 Argued October 13, 1982 Decided March 22, 1983 460 U.S. 428 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus During a certain period from 1972 through 1978, petitioner sold its beer to respondent, the sole wholesale distributor for petitioner's beer in Vanderburgh County, Ind., at a higher price than petitioner charged its only wholesale distributor in Henderson County, Ky., the two counties forming a single metropolitan area across the state line. Under Indiana law, brewers were required to sell to all Indiana wholesalers at a single price, Indiana wholesalers were prohibited from selling to out-of-state retailers, and Indiana retailers were not permitted to purchase beer from out-of-state wholesalers. Respondent filed sui...
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