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Us Supreme Court Court March 1985 Judgments

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Mar 27 1985

Southern Rate Conf. Vs. United States

Court: US Supreme Court

Decided on: Mar-27-1985

Southern Rate Conf. v. United States - 471 U.S. 48 (1985) U.S. Supreme Court Southern Rate Conf. v. United States, 471 U.S. 48 (1985) Southern Motor Carriers Rate Conference, Inc. v. United States No. 82-1922 Argued November 26, 1984 Decided March 27, 1985 471 U.S. 48 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Petitioner Southern Motor Carriers Rate Conference and petitioner North Carolina Motor Carriers Association (petitioners), "rate bureaus" composed of motor common carriers operating in North Carolina, Georgia, Tennessee, and Mississippi, submit, on behalf of their members, joint rate proposals to the Public Service Commission in each State. This collective ratemaking is authorized, but not compelled, by the respective States. The United States, contending that petitioners' collective ratemaking violates the federal antitrust laws, filed an action in Federal District Court to enjoin it. Petitioners responded that their conduct wa...


Mar 27 1985

Board of Trustees of Scarsdale Vs. Mccreary

Court: US Supreme Court

Decided on: Mar-27-1985

BOARD OF TRUSTEES OF SCARSDALE v. McCREARY - 471 U.S. 83 (1985) U.S. Supreme Court BOARD OF TRUSTEES OF SCARSDALE v. McCREARY, 471 U.S. 83 (1985) 471 U.S. 83 BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE ET AL. v. McCREARY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 84-277. Argued February 20, 1985 Decided March 27, 1985 739 F.2d 716 , affirmed by an equally divided Court. Marvin E. Frankel argued the cause for petitioners. With him on the briefs was Marc D. Stern. Marvin Schwartz argued the cause for respondents and filed a brief for respondents Scarsdale Creche Committee et al. Vincent K. Gilmore filed a brief for respondents McCreary et al. * [ Footnote * ] Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Burt Neuborne, Charles S. Sims, Norman Dorsen, and Steven R. Shapiro; for the American Jewish Committee et al. by Samuel Rabinove; and for the Anti-Defamation League of B'nai B...


Mar 27 1985

Hallie Vs. Eau Claire

Court: US Supreme Court

Decided on: Mar-27-1985

Hallie v. Eau Claire - 471 U.S. 34 (1985) U.S. Supreme Court Hallie v. Eau Claire, 471 U.S. 34 (1985) Town of Hallie v. City of Eau Claire No. 82-1832 Argued November 26, 1984 Decided March 27, 1985 471 U.S. 34 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioners, unincorporated townships located in Wisconsin adjacent to respondent city, filed suit against respondent in Federal District Court, alleging that petitioners were potential competitors of respondent in the collection and transportation of sewage, and that respondent had violated the Sherman Act by acquiring a monopoly over the provision of sewage treatment services in the area and by tying the provision of such services to the provision of sewage collection and transportation services. Respondent refused to supply sewage treatment services to petitioners, but supplied the services to individual landowners in petitioners' areas if a majority of the individuals in the area vo...


Mar 27 1985

Spencer Vs. South Carolina Tax Commission

Court: US Supreme Court

Decided on: Mar-27-1985

SPENCER v. SOUTH CAROLINA TAX COMMISSION - 471 U.S. 82 (1985) U.S. Supreme Court SPENCER v. SOUTH CAROLINA TAX COMMISSION, 471 U.S. 82 (1985) 471 U.S. 82 SPENCER ET UX. v. SOUTH CAROLINA TAX COMMISSION ET AL. CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA No. 84-249. Argued February 27, 1985 Decided March 27, 1985 281 S. C. 492, 316 S. E. 2d 386, affirmed by an equally divided Court. Henry L. Parr, Jr., argued the cause for petitioners. With him on the briefs were Eric B. Amstutz and Frank S. Holleman III. Ray N. Stevens, Senior Assistant Attorney General of South Carolina, argued the cause for respondents. With him on the brief were T. Travis Medlock, Attorney General, and Joe L. Allen, Jr., Chief Deputy Attorney General. * [ Footnote * ] Briefs of amici curiae urging affirmance were filed for the State of Alaska et al. by Francis X. Bellotti, Attorney General of Massachusetts, Thomas R. Kiley, First Assistant Attorney General, Judith S. Yogman, Assistant Attorney G...


Mar 27 1985

Cory Vs. Western Oil and Gas Assn.

Court: US Supreme Court

Decided on: Mar-27-1985

CORY v. WESTERN OIL & GAS ASSN. - 471 U.S. 81 (1985) U.S. Supreme Court CORY v. WESTERN OIL & GAS ASSN., 471 U.S. 81 (1985) 471 U.S. 81 CORY ET AL. v. WESTERN OIL & GAS ASSN. ET AL. APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 84-16. Argued February 26, 1985 Decided March 27, 1985 726 F.2d 1340 , affirmed by an equally divided Court. Dennis M. Eagan, Deputy Attorney General of California, argued the cause for appellants. With him on the briefs were John K. Van de Kamp, Attorney General, and N. Gregory Taylor, Assistant Attorney General. Philip K. Verleger argued the cause for appellees. With him on the brief was John P. Zaimes. * [ Footnote * ] A brief of amici curiae urging reversal was filed for the City of Santa Monica et al. by Robert M. Myers, Karl M. Manheim, Bert Glennon, Jr., and Stanley E. Remelmeyer. PER CURIAM. The judgment is affirmed by an equally divided Court. JUSTICE POWELL took no part in the decision of this ...


Mar 27 1985

Tennessee Vs. Garner

Court: US Supreme Court

Decided on: Mar-27-1985

Tennessee v. Garner - 471 U.S. 1 (1985) U.S. Supreme Court Tennessee v. Garner, 471 U.S. 1 (1985) Tennessee v. Garner No. 83-1035 Argued October 30, 1984 Decided March 27, 1985 * 471 U.S. 1 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus A Tennessee statute provides that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest." Acting under the authority of this statute, a Memphis police officer shot and killed appellee-respondent Garner's son as, after being told to halt, the son fled over a fence at night in the backyard of a house he was suspected of burglarizing. The officer used deadly force despite being "reasonably sure" the suspect was unarmed and thinking that he was 17 or 18 years old, and of slight build. The father subsequently brought an action in Federal District Court, seeking damages under 42 ...


Mar 26 1985

Fugate Vs. New Mexico

Court: US Supreme Court

Decided on: Mar-26-1985

FUGATE v. NEW MEXICO - 470 U.S. 904 (1985) U.S. Supreme Court FUGATE v. NEW MEXICO, 470 U.S. 904 (1985) 470 U.S. 904 FUGATE v. NEW MEXICO CERTIORARI TO THE SUPREME COURT OF NEW MEXICO No. 83-6663. Argued February 19, 1985 Decided March 26, 1985 101 N. M. 58, 678 P.2d 686, affirmed by an equally divided Court. J. Thomas Sullivan argued the cause for petitioner. With him on the briefs was Henry R. Quintero. Paul Bardacke, Attorney General of New Mexico, argued the cause for respondent. With him on the briefs was Anthony Tupler, Assistant Attorney General. PER CURIAM. The judgment is affirmed by an equally divided Court. JUSTICE POWELL took no part in the decision of this case. Page 470 U.S. 904, 1 ...


Mar 26 1985

Metropolitan Life Ins. Co. Vs. Ward

Court: US Supreme Court

Decided on: Mar-26-1985

Metropolitan Life Ins. Co. v. Ward - 470 U.S. 869 (1985) U.S. Supreme Court Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869 (1985) Metropolitan Life Ins. Co. v. Ward No. 83-1274 Argued October 31, 1984 Decided March 26, 1985 470 U.S. 869 APPEAL FROM THE SUPREME COURT OF ALABAMA Syllabus An Alabama statute imposes a substantially lower gross premiums tax rate on domestic insurance companies than on out-of-state (foreign) insurance companies. The statute permits foreign companies to reduce but not to eliminate the differential by investing in Alabama assets and securities. Appellant foreign insurance companies filed claims for refunds of taxes paid, contending that the statute, as applied to them, violated the Equal Protection Clause. The State Commissioner of Insurance denied the claims. On consolidated appeals to a county Circuit Court, in which several domestic companies intervened, the statute was upheld on summary judgment. The court ruled that the statute did not violat...


Mar 26 1985

Ball Vs. United States

Court: US Supreme Court

Decided on: Mar-26-1985

Ball v. United States - 470 U.S. 856 (1985) U.S. Supreme Court Ball v. United States, 470 U.S. 856 (1985) Ball v. United States No. 84-5004 Argued January 9, 1985 Decided March 26, 1985 470 U.S. 856 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner, a previously convicted felon, was arrested when the police found him in possession of another person's revolver that was reported missing; he reportedly threatened a neighbor with the revolver, and tried unsuccessfully to sell it. Petitioner was then indicted on charges of receiving a firearm in violation of 18 U.S.C. 922(h)(1) and for possessing it in violation of 18 U.S.C.App. 1202(a)(1). He was convicted in Federal District Court on both counts and sentenced to consecutive terms of imprisonment on the respective counts. The Court of Appeals remanded the case to the District Court with instructions to modify the sentences to make them concurrent. Held: Congress did not intend a con...


Mar 26 1985

Board of Ed. Vs. National Gay Task Force

Court: US Supreme Court

Decided on: Mar-26-1985

BOARD OF ED. v. NATIONAL GAY TASK FORCE - 470 U.S. 903 (1985) U.S. Supreme Court BOARD OF ED. v. NATIONAL GAY TASK FORCE, 470 U.S. 903 (1985) 470 U.S. 903 BOARD OF EDUCATION OF OKLAHOMA CITY v. NATIONAL GAY TASK FORCE APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 83-2030. Argued January 14, 1985 Decided March 26, 1985 729 F.2d 1270 , affirmed by an equally divided Court. Dennis W. Arrow argued the cause for appellant. With him on the briefs were Larry Lewis and James B. Croy. Laurence H. Tribe argued the cause for appellee. With him on the brief were William B. Rogers and Leonard Graff. * PER CURIAM. The judgment is affirmed by an equally divided Court. JUSTICE POWELL took no part in the decision of this case. [ Footnote * ] Briefs of amici curiae urging reversal were filed for Concerned Women for America Education and Legal Defense Foundation by Jordan W. Lorence; for the State of Oklahoma by Michael C. Turpen, Attorney General, and David...


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