Volume 419 — United States Reports

This is a list of all the United States Supreme Court cases from volume 419 of the United States Reports:

Appellant, a cotton merchant with its principal office in Memphis, Tenn., in January 1971 negotiated a 'forward' contract with… Held: A certificate executed by the Chief Justice of the State Supreme Court makes it clear that a federal question was raised and decided by that court on the validity of a state statute as applied to the facts of this case under the Commerce Clause of the Federal Constitution, and this Court has jurisdiction over the appeal. Pp. 22—23. 2.

Held: however — and thus to this extent disagreed with the District Court — that both the United States and the city were entitled to be paid as second priority claimants under §64a(2). In re Freedomland, Inc., 480 F. 2d 184 (1973).

Some aliens who live in Mexico and Canada commute to work in the United States. Held: Alien commuters are immigrants who are 'lawfully admitted for permanent residence,' and are 'returning from a temporary visit abroad' when they enter the United States, and this 'special immigrant' classification is applicable to both daily and seasonal commuters.

Appellant brought this class action for injunctive and declaratory relief attacking the constitutionality of Illinois automobile… Held: When a three-judge district court denies a plaintiff injunctive relief on grounds that, if sound, would have justified dissolution of the court as to that plaintiff of a refusal to convene a three-judge court to begin with, review of the denial is available in the court of appeals; and since here the three-judge District Court's…

As a comprehensive solution to a national rail crisis precipitated by the entry into reorganization proceedings under § 77 of the Bankruptcy… Held: The issue of the availability of a Tucker Act remedy if the Rail Act effects an 'erosion taking' is ripe for adjudication in view of the distinct possibility that compelled continued rail operations by Penn Central, which in the past several years has sustained great losses and is not 'reorganizable on an income basis within a…

Respondent operators of a California 'hot plant,' at which asphaltic concrete for surfacing highways is manufactured and sold entirely intrastate, alleging violations of, inter alia, § 2(a) of the… Held: The fact that interstate highways are instrumentalities of commerce does not render petitioners' conduct with respect to a material sold for use in constructing these highways 'in commerce' as a matter of law for purposes of §§ 2(a), 3, and 7 of the Clayton Act.

Respondents, an association representing stevedoring companies, and a shipper, sought injunctive relief in an Alabama state court against picketing of a foreign-flag ship by petitioner maritime unions which were protesting as substandard the wages paid the foreign crewmen who manned the ship. The trial court issued a temporary injunction, and the Alabama Supreme Court affirmed.

Petitioners, a mother and her son, brought a diversity action against respondents, a newspaper publisher and a reporter, for invasion of privacy based on a feature story in the newspaper discussing… Held: The Court of Appeals erred in setting aside the jury's verdict. Pp. 251—254.

Petitioner, sentenced to death, under Art. 118 of the Uniform Code of Military Justice, by a court-martial for murder, attacked the validity of a Presidential commutation to life imprisonment (under… Held: The conditional commutation of petitioner's death sentence was within the President's powers under Art. II, § 2, cl. 1, of the Constitution to 'grant Reprieves and Pardons for Offenses against the United States.' Pp. 260—268.

In 1969 hearing examiners for the Interstate Commerce Commission (ICC), following hearings in 1966 and 1967 and the subsequent filing of extensive briefs, rejected appellant motor carriers'… Held: The District Court erred in refusing to enforce the ICC's order. Pp. 284—294.

An employer who has not engaged in an unfair labor practice impairing the electoral process does not commit a violation of § 8(a)(5) of the National Labor Relations Act simply because he refuses to accept evidence of the union's majority status other than the results of a Board election.

Petitioner, an employee of a trucking company (PMT), was injured while transferring automobiles in respondent's railyard from… Held: The 'while employed' language of the FELA requires not only that the FELA plaintiff be an agent of the rail carrier but the carrier's servant, and here the District Court erred in holding that petitioner (who according to the court's findings was neither a borrowed servant of respondent nor a dual servant of respondent and PMT) came…

Jackson v. Metropolitan Edison Co., 419 U.S. 345 (1974), is an administrative law case of the Supreme Court of the United States holding that extensive state regulation of a public utility does not transform its acts into state action that is reviewable by a federal court under the Fourteenth Amendment to the United States Constitution.

The judgment of a three-judge District Court holding that the Connecticut 'seated interview' procedures for assessing continuing eligibility for unemployment compensation benefits violated due process is vacated, and the case is remanded for reconsideration in light of intervening changes in Connecticut law. Pp. 385—389. D.C., 364 F.Supp. 922, vacated and remanded. Donald E. Wasik, Hartford, Conn., for appellant. John M. Creane, Bridgeport, Conn., for appellees. Mr.

Held: the Court expressed its concern that the defendants in those cases could be expected again to act contrary to the rights asserted by the particular named plaintiffs involved, and in each case the controversy was held not to be moot because the questions presented were “capable of repetition, yet *400 evading review.” That situation is not presented in appellant’s case, for the durational residency requirement…

Petitioner employer filed an unfair labor practice charge against respondent union under § 8(b)(4)(D) of the National Labor Relations Act (NLRA), which makes it an unfair labor practice for a labor… Held: The APA, 5 U.S.C. § 554, does not govern proceedings conducted under § 10(k) of the NLRA. Pp. 441—448. (a) The § 10(k) determination is not itself a 'final disposition' within the meaning of 'order' and 'adjudication' in the APA.

A lawyer is not subject to the penalty of contempt for advising his client, during the trial of a civil case, to refuse on Fifth Amendment grounds to produce material demanded by a subpoena duces tecum when the lawyer believes in good faith that the material may tend to incriminate his client.

Petitioners (Cousins delegates) challenged before the National Democratic Party Credentials Committee, as violative of Party guidelines, the seating of respondents (Wigoda delegates) who had been… Held: This Court's

Schlesinger v. Ballard, 419 U.S. 498 (1975), was a United States Supreme Court case that upheld a federal statute granting female Naval officers four more years of commissioned service before mandatory discharge than male Naval officers. A group of naval officers who were discharged prior to their tenth year of commissioned service, as a result of not being promoted, received a lower rate of separation pay than female officers who were permitted to remain in service longer and receive three additional promotion board opportunities. As a result, the female officers who failed to be promoted received a higher rate of separation pay over their male counterparts.

Taylor v. Louisiana, 419 U.S. 522 (1975), is a landmark decision of the US Supreme Court which held that systematically excluding women from a venire, or jury pool, by requiring (only) them to actively register for jury duty violated the defendant's right to a representative venire. The court overturned Hoyt v. Florida, the 1961 case that had allowed such a practice.

Respondents, who operated a bar on non-Indian land on the outskirts of an unincorporated village within the Wind River Reservation and who had… Held: Section 1154 is not unconstitutionally vague. Given the nature of the bar's location and the surrounding population, the statute was sufficient to advise respondents that their bar was not excepted from tribal regulation by virtue of being located in a non-Indian community. Pp. 550—553. 2. Congress has the authority under Art.

Appellant manufacturer, with a home office and manufacturing plant in Pennsylvania and another plant in California, challenges the constitutionality of Washington State's business and occupation tax… Held: Washington's business and occupation tax on appellant is constitutional. Pp. 562—564. (a) There is no violation of due as the measure of the tax bears a relationship to the benefits conferred on appellant by the State. P. 562.

Goss v. Lopez, 419 U.S. 565 (1975), is a landmark United States Supreme Court case. It held that a public school must conduct a hearing before subjecting a student to suspension. Also, a suspension without a hearing violates the Due Process Clause of the Fourteenth Amendment of the United States Constitution.

Georgia statutes permitting a writ of garnishment to be issued by an officer authorized to issue an attachment or a court clerk in pending suits on an affidavit of the plaintiff or his attorney containing only conclusory allegations, prescribing filing of a bond as the only method of dissolving the garnishment, which deprives the defendant of the use of the property in the garnishee's hands pending the litigation and making no provision for an early hearing, violate the Due…

Held: however, that the plaintiffs' claim that the Army's surveillance activities had a general chilling effect on them was not sufficient to establish a case or controversy under Art. III of the Constitution. 7 The Government has contended that under Laird, a 'chilling effect' will not give rise to a justiciable controversy unless the challenged exercise of governmental power is 'regulatory, prosecriptive, or compulsory…