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4.27k
1955_71
1,955
https://www.oyez.org/cases/1955/71
MR. JUSTICE REED delivered the opinion of the Court. Affronti was tried in the United States District Court for the Western District of Missouri on a ten-count indictment charging him with illegal sales of narcotics. A jury found him guilty on counts two through ten, and a five-year sentence was imposed on each count, ...
Under 18 U.S.C. § 3651, after a sentence of consecutive terms on multiple counts of an indictment has been imposed and service of sentence for the first such term has commenced, a federal district court may not suspend sentence and grant probation as to the remaining term or terms. United States v. Murray,. . (a) T...
9
1
0
1
1
27
0
1955_410
1,955
https://www.oyez.org/cases/1955/410
MR. JUSTICE MINTON delivered the opinion of the Court. Twentieth Century Airlines, Inc., was issued a letter of registration as a large irregular air carrier by the Civil Aeronautics Board in 1947. For some reason, beginning in 1951, it conducted its business under the name of North American Airlines. On March 3, 1952,...
In a proceeding under § 411 of the Civil Aeronautics Act, the Civil Aeronautics Board found that respondent's use of the name "North American" in the air transportation industry, in which it competed with American Airlines, had caused "substantial public confusion" by causing persons to check in at the wrong carrier,...
8
1
1
0.777778
0
104
1
1955_60
1,955
https://www.oyez.org/cases/1955/60
MR. JUSTICE HARLAN delivered the opinion of the Court. Petitioner was charged, in a three-count indictment, with wilfully attempting to evade federal income taxes for 1951, 1952, and 1953 by filing with the Collector "false and fraudulent" tax returns, "in violation of Section 145(b), Title 26, United States Code." Th...
Petitioner was indicted for wilfully attempting to evade federal income taxes by filing with the Collector "false and fraudulent" tax returns in violation of 26 U.S.C. (1952 ed.) § 145(b). This, it is here assumed, is also a violation of 26 U.S.C. (1952 ed.) § 3616(a), the penalty for the violation of which is lesse...
1
1
0
0.777778
1
27
4
1955_92
1,955
https://www.oyez.org/cases/1955/92
MR. JUSTICE CLARK delivered the opinion of the Court. In 1949, Mrs. Doris Walker was discharged from her job at Cutter Laboratories, a manufacturer of pharmaceutical and biological products, on the claimed grounds that she was an active member of the Communist Party and had falsified her application for employment ther...
A corporation manufacturing pharmaceutical and biological products in California discharged an employee on the grounds that she was an active member of the Communist Party and had falsified her application for employment. Her union sought her reinstatement before an arbitration board pursuant to a valid collective b...
9
1
0
0.666667
3
151
5
1955_72
1,955
https://www.oyez.org/cases/1955/72
MR. JUSTICE BLACK delivered the opinion of the Court. We granted certiorari in this case to consider a single question: "May a defendant be required to stand trial and a conviction be sustained where only hearsay evidence was presented to the grand jury which indicted him?" 350 U.S. 819. Petitioner, Frank Costello, was...
A defendant in a criminal case in a federal court may be required to stand trial, and his conviction may be sustained, where only hearsay evidence was presented to the grand jury which indicted him. . (a) An indictment based solely on hearsay evidence does not violate the provision of the Fifth Amendment that "No pe...
1
1
0
1
1
27
14
1955_489
1,955
https://www.oyez.org/cases/1955/489
MR. JUSTICE BURTON delivered the opinion of the Court. In this case, our jurisdiction is questioned by the State of Florida because the judgment of the Supreme Court of that State, which we are asked to review and which was rendered without opinion, may have rested upon an adequate state ground. For the reasons hereaft...
Upon reviewing the decision of the Supreme Court of Florida denying, without opinion, petitioner's petition for a writ of habeas corpus, in which he claimed, inter alia, that his state conviction and imprisonment for stealing cattle violated the Federal Constitution, it appeared that the judgment of that Court might ...
9
1
0
0.555556
1
28
21
1955_231
1,955
https://www.oyez.org/cases/1955/231
MR. JUSTICE CLARK delivered the opinion of the Court. Petitioners, eight families of Navajo Indians, seek damages under the Federal Tort Claims Act for the destruction of their horses by agents of the Federal Government. The District Court allowed damages of $100,000 and enjoined the Government and its agents from furt...
Petitioners, Navajo Indians living in southeastern Utah, sued under the Federal Tort Claims Act to recover for the confiscation and destruction by federal agents of their horses, which were grazing on public lands of the United States. The Government defended on the ground that the federal agents were acting pursuan...
8
1
1
1
1
27
29
1955_8
1,955
https://www.oyez.org/cases/1955/8
MR. JUSTICE FRANKFURTER delivered the opinion of the Court. Petitioners brought suit in the United States District Court for the Southern District of Mississippi, seeking recovery under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for damages alleged to have been caused by the negligence of the Coast Guard in the...
If the Coast Guard is negligent in the operation of a lighthouse and damage is caused thereby, the United States is liable under the Tort Claims Act. . (a) The language of 28 U.S.C. § 2674, imposing liability "in the same manner and to the same extent as a private individual under like circumstances," is not to be r...
8
1
1
0.555556
1
27
30
1955_503
1,955
https://www.oyez.org/cases/1955/503
MR. JUSTICE REED delivered the opinion of the Court. Petitioner brought this habeas corpus proceeding to test the validity of the denial of his application under §§ 244(a)(5) and 244(c) of the Immigration and Nationality Act of 1952, 66 Stat. 215, 216, 8 U.S.C. §§ 1254(a)(5) and 1254(c), for discretionary suspension of...
An alien whose deportation had been ordered because admittedly, after entry, he had been a member of the Communist Party from 1935 through 1940 applied for suspension of his deportation under § 244 of the Immigration and Nationality Act of 1952, which authorizes the Attorney General, "in his discretion," to suspend d...
2
1
0
0.555556
1
368
32
1955_643
1,955
https://www.oyez.org/cases/1955/643
MR. JUSTICE REED delivered the opinion of the Court. These two cases concern the prosecution of three defendants for violations of the provisions of the Universal Military Training and Service Act. 50 U.S.C.App. § 451 et seq. We must determine the proper venue for the trial of these crimes. Defendants Johnston and Soko...
These registrants under the Universal Military Training and Service Act were classified as conscientious objectors and were ordered by their local draft boards to report for civilian work at state hospitals located in judicial districts other than those in which they resided and were registered and where their orders...
3
1
0
0.666667
1
27
33
1955_32
1,955
https://www.oyez.org/cases/1955/32
MR. JUSTICE CLARK delivered the opinion of the Court. Louisiana requires that objections to a grand jury be raised before the expiration of the third judicial day following the end of the grand jury's term or before trial, whichever is earlier. In these cases, we are asked to decide whether this statute as applied vi...
1. Louisiana law requires that objections to a grand jury be raised before the expiration of the third judicial day following the end of the grand jury's term or before trial, whichever is earlier. After expiration of the time allowed, these three Negro petitioners moved to quash their indictments on the ground that...
2
1
0
0.666667
1
28
36
1955_56
1,955
https://www.oyez.org/cases/1955/56
PER CURIAM. The United States filed a libel in the District Court for the Eastern District of Louisiana, under §§ 3116 and 3321 of the Internal Revenue Code of 1939, 53 Stat. 362, 401, for the forfeiture of an automobile which had been used to transport nontax-paid whiskey. Petitioner, a finance company which had accep...
1. Under 18 U.S.C. § 3617, providing conditions to the remission of forfeitures under liquor laws, the substance of the reply which petitioner finance company received from the Internal Revenue Service regarding the automobile purchaser's reputation as a liquor law violator satisfied that requirement of the statute, ...
12
1
1
0.888889
1
27
40
1955_250
1,955
https://www.oyez.org/cases/1955/250
MR. JUSTICE REED delivered the opinion of the Court. In each of these cases, the employer refused to permit distribution of union literature by nonemployee union organizers on company-owned parking lots. The National Labor Relations Board, in separate and unrelated proceedings, found in each case that it was unreasonab...
In the circumstances of these cases, the nondiscriminatory refusal of the employers to permit distribution of union literature by nonemployee union organizers on company-owned parking lots did not unreasonably impede their employees' right to self-organization in violation of § 8(a)(1) of the National Labor Relations...
7
1
0
1
3
151
41
1955_320
1,955
https://www.oyez.org/cases/1955/320
Opinion of the Court by MR. JUSTICE HARLAN, announced by MR. JUSTICE BURTON. In November, 1954, petitioner was indicted in the Corpus Christi Division of the United States District Court for the Southern District of Texas for willfully attempting to evade federal income taxes by filing false returns for the years 1949,...
1. Petitioner was indicted in one division of the Federal District Court for the Southern District of Texas, and that Court granted his motion to transfer the case to another division on the ground that local prejudice would prevent a fair trial in the division where he was indicted. Subsequently, the Government obt...
9
1
0
0.555556
1
27
47
1955_46
1,955
https://www.oyez.org/cases/1955/46
MR. JUSTICE CLARK delivered the opinion of the Court. Petitioner contends that this action brought by the Government to recover $2,000 on each of five counts of a complaint based on § 26(b)(1) of the Surplus Property Act of 1944 places it twice in jeopardy in violation of the Fifth Amendment. In an earlier proceeding...
In an action based on § 26(b)(1) of the Surplus Property Act of 1944, the United States recovered $2,000 on each of five counts of a complaint charging petitioner with fraudulent purchases of motor vehicles. Petitioner had previously pleaded nolo contendere to a 5-count indictment arising out of the same five transa...
1
1
0
1
1
27
57
1955_4
1,955
https://www.oyez.org/cases/1955/4
MR. JUSTICE BURTON delivered the opinion of the Court. This case presents two questions as to the liability of a stevedoring contractor to reimburse a shipowner for damages paid by the latter to one of the contractor's longshoremen on account of injuries received by him in the course of his employment on shipboard. 1. ...
Without signing a formal stevedoring contract or an express indemnity agreement, a stevedoring contractor agreed to perform all stevedoring operations required by a shipowner in the latter's coastwise service. Under this agreement, the contractor loaded a ship at Georgetown, S.C., with a mixed cargo, including rolls...
8
1
0
0.555556
4
116
58
1955_58
1,955
https://www.oyez.org/cases/1955/58
MR. JUSTICE FRANKFURTER delivered the opinion of the Court. On November 10, 1954, the United States Attorney for the Southern District of New York filed an application under the Immunity Act of 1954, 68 Stat. 745, 18 U.S.C. (Supp. II) § 3486, for an order requiring petitioner to testify before a grand jury. The Immunit...
Pursuant to subpoena, petitioner appeared before a federal grand jury which was investigating attempts to endanger the national security by espionage and conspiracy to commit espionage. Invoking the privilege against self-incrimination, he refused to answer questions relating to his knowledge of such activities, to ...
1
1
0
0.777778
1
27
67
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