Kimball Laundry Co. V. United States
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Kimball Laundry Co. V. United States
''Kimball Laundry Co. v. United States'', 338 U.S. 1 (1949), affirmed the principle set forth in ''The West River Bridge Company v. Dix et al.'', ; that is, that intangible property rights are condemnable via the eminent domain power, and that just compensation must be given to the owners of such rights. In this case, the United States filed a petition in the United States District Court for the District of Nebraska to condemn the plant of the Kimball Laundry Company in Omaha, Nebraska, for use by the Army. After the District Court granted the United States immediate possession of the facilities of the company for the requested period, the owner of the family business claimed that he had been denied just compensation, and contended that the award should have included some allowance for diminution in the value of the business due to the destruction of its customer base. Supreme Court Decision This litigation began after the United States took over a laundry's facilities to do wash ...
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Intangible Property
Intangible property, also known as incorporeal property, is something that a Natural person, person or corporation can have Ownership, ownership of and can transfer ownership to another person or corporation, but has no Tangibility, physical substance, for example brand identity or knowledge/intellectual property. It generally refers to statutory creations, such as copyright, trademarks, or patents. It excludes tangible property like real property (land, buildings, and Fixture (property law), fixtures) and personal property (ships, automobiles, tools, etc.). In some jurisdictions, intangible property are referred to as ''choses in action''. Intangible property is used in distinction to tangible property. It is useful to note that there are two forms of intangible property: legal intangible property (which is discussed here) and competitive intangible property (which is the source from which legal intangible property is created but cannot be owned, extinguished, or transferred) ...
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William O
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ...
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1949 In United States Case Law
Events January * January 1 – A United Nations-sponsored ceasefire brings an end to the Indo-Pakistani War of 1947. The war results in a stalemate and the division of Kashmir, which still continues as of 2022. * January 2 – Luis Muñoz Marín becomes the first democratically elected Governor of Puerto Rico. * January 11 – The first "networked" television broadcasts take place, as KDKA-TV in Pittsburgh, Pennsylvania goes on the air, connecting east coast and mid-west programming in the United States. * January 16 – Şemsettin Günaltay forms the new government of Turkey. It is the 18th government, last single party government of the Republican People's Party. * January 17 – The first VW Type 1 to arrive in the United States, a 1948 model, is brought to New York by Dutch businessman Ben Pon. Unable to interest dealers or importers in the Volkswagen, Pon sells the sample car to pay his travel expenses. Only two 1949 models are sold in America tha ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Takings Clause Case Law
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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List Of United States Supreme Court Cases, Volume 338
This is a list of all the United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ... cases from volume 338 of the '' United States Reports'': External links {{SCOTUSCases, 338 1949 in United States case law 1950 in United States case law ...
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Justice Reed
Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938. Born in Mason County, Kentucky, Reed established a legal practice in Maysville, Kentucky, and won election to the Kentucky House of Representatives. He attended law school but did not graduate, making him the latest-serving Supreme Court Justice who did not graduate from law school. After serving in the United States Army during World War I, Reed emerged as a prominent corporate attorney and took positions with the Federal Farm Board and the Reconstruction Finance Corporation. He took office as Solicitor General in 1935, and defended the constitutionality of several New Deal policies. After the retirement of Associate Justice George Sutherland, President Franklin D. Roosevelt successfully nominated Reed to the Supreme Court. Reed served until his ret ...
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Justice Vinson
Frederick "Fred" Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to have served in all three branches of the U.S. government. Before becoming chief justice, Vinson served as a U.S. Representative from Kentucky from 1924 to 1928 and 1930 to 1938, as a federal appellate judge on the U.S. Court of Appeals for the District of Columbia Circuit from 1938 to 1943, and as the U.S. Secretary of the Treasury from 1945 to 1946. Born in Louisa, Kentucky, Vinson pursued a legal career and served in the U.S. Army during World War I. After the war, he served as the Commonwealth's Attorney for the Thirty-Second Judicial District of Kentucky before winning election to the U.S. House of Representatives in 1924. He lost re-election in 1928 but regained his seat in 1930 and served in Congress until 1937. During his time in ...
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Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections.Ball, Howard. ''Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. Before he became a Senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan in Alabama, from which he resigned in 1925. In 1937, upon being appointed to the Supreme Court, Black said: "Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I completely discontinued any association with the organization." Black served as the Secretary of the Senate Democratic Conference and the Chair of the Senate Education Committee during his decade i ...
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Wiley Blount Rutledge
Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Franklin D. Roosevelt, he is known for his impassioned defenses of civil liberties. Rutledge favored broad interpretations of the First Amendment, the Due Process Clause, and the Equal Protection Clause, and he argued that the Bill of Rights applied in its totality to the states. He participated in several noteworthy cases involving the intersection of individual freedoms and the government's wartime powers. Rutledge served on the Court until his death at the age of fifty-five. Legal scholars have generally thought highly of the justice, although the brevity of his tenure has minimized his impact on history. Born in Cloverport, Kentucky, Rutledge attended several colleges and universities, graduating with a Bachelor of Laws degree in 1922. He bri ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Arguendo
''Arguendo'' is a Latin legal term meaning ''for the sake of argument''. "Assuming, ''arguendo'', that ..." and similar phrases are used in courtroom settings, academic legal settings, and occasionally in other domains, to designate provisional and unendorsed assumptions that will be made at the beginning of an argument in order to explore their implications. The origin of the word ''Arguendo'' is based on the Latin word ''arguendum'' which means "to argue". Usage Assuming ''arguendo'' allows an attorney to examine the conclusions of premises without admitting that these premises—often the asserted facts of the opposing party—could be true. A criminal defense attorney may say, "if, ''arguendo'', my client stole the car, then saving a life would have justified stealing it," thus suggesting that determining the client's guilt or innocence is pointless because they would cause identical legal effects. Particularly in an appellate court, a judge may ask an attorney what the ...
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