Volume 349 — United States Reports

This is a list of all the United States Supreme Court cases from volume 349 of the United States Reports:

Held: in All States Freight v. Modarelli, 196 F.2d 1010 , that the order for transfer was not appealable, the petitioners filed applications for mandamus or prohibition to the district judge in order to require him to set aside his orders of transfer.

Held: after a hearing, that the waiver was valid because petitioner had fully understood its significance when he signed it. Petitioner was directed to answer the question which he had been asked. He returned to the grand jury, but persisted in his refusal to testify. He was thereupon indicted for criminal contempt, tried by a jury, and convicted.

to the first of the relevant cases in the Ninth Circuit, Alaska Commercial Co. v. Williams, 128 F. 362, is inaccurate. While it says that a tug 'cannot relieve itself by contract from liability for the failure to exercise reasonable care and skill', the court concluded that the lower court had properly excluded an amendment to the pleadings and testimony which, it was alleged, was designed to show the existence of an exculpatory clause.

Held: over strong dissent, to permit such taxes to be assessed without the exclusion of federal obligations owned by the banks. Van Allen v. Assessors, 1866, 3 Wall. 573, 18 L.Ed. 229; National Bank v. Commonwealth of Kentucky, 1870, 9 Wall. 353, 19 L.Ed. 701; Des Moines National Bank v. Fairweather, 1923, 263 U.S. 103 , 44 S.Ct. 23, 68 L.Ed. 191.

Held: “it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.” 18 And nearly 150 years ago Chief *199 Justice Marshall enunciated a similar test: “Many links frequently compose that chain of testimony which is necessary to convict…

from pages 294-295 intentionally omitted] Mr. Robert L. Carter, New York City, for appellants in No. 1. Mr. Harold R. Fatzer, Topeka, Kan., for appellees in No. 1. Messrs. Thurgood Marshall, New York City, and Spottswood W. Robinson, III, Richmond, Va., for appellants in Nos. 2 and 3. Messrs. S. E. Rogers, Summerton, S.C., and Robert McC. Figg, Jr., Charleston, S.C., for appellees in No. 2. Messrs.

Held: contrary to the prevailing interpretation and practice of the Department of Justice, that deportation hearings were subject to the Act. Six months later, Congress provided in the Supplemental Appropriation Act of 1951, 64 Stat. 1048, that proceedings directed toward the exclusion or expulsion of aliens should not be governed by §§ 5, 7 and 8 of the Administrative Procedure Act.

from pages 331-332 intentionally omitted] Messrs. Thurman Arnold, Paul A. Porter, Washington, D.C., for petitioner. Mr. Warren E. Burger, Asst. Atty. Gen., for respondent. Mr. Chief Justice WARREN delivered the opinion of the Court. 1 This action was instituted by petitioner in the District Court for the District of Columbia. The principal relief sought is a declaration that petitioner's removal and debarment from federal employment were invalid.

Held: and verdict of guilty. 48 March 11, 1953—sentenced. March 27, 1953—formal motion for 49 new trial filed. April 30, 1953—case argued 50 in this Court. May 25, 1953—this Court 51 reverses, holding jury 52 selection 53 unconstitutional. June 29, 1953—amendment to motion 54 for new trial filed; motion overruled. 55 July 16, 1953—bill of exceptions filed. Oct. 14, 1953—Georgia Supreme Court 56 affirms.

from pages 435-437 intentionally omitted] Mr. Willard W. Gatchell, Washington, D.C., for petitioner. Mr. Arthur G. Higgs, Portland, Or., for respondent. Mr. Rollin E. Bowles, Portland, Or., for the Oregon Division of the Izaak Walton League of America, as amicus curiae.