IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Case No. 81-1505 Transamerica Oil Corporation‚ Plaintiff-Appellee‚ v. Lynes‚ Inc. and Baker International Corporation‚ Defendants-Appellants. 723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 ------------------------------------------------- December 21‚ 1983 PROCEDURAL POSTURE Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an
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Wunnicke case‚ in some circumstances a state discriminatory means regulation can survive a Dormant Commerce Clause challenge. In Maine v. Taylor‚ the Supreme Court upheld a Maine prohibition on the importation of live-baitfish for fear of parasites not common to Main fisheries. As the author of the majority opinion of this case‚ Justice Blackmun wrote that discriminatory laws may be upheld only if they serve “legitimate
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in any school building‚ on school grounds‚ in any school vehicle or at any school-sponsored activity.4” .The image Renville provided clearly violates the school guidelines and does not pass the “Tinker Test”‚ therefore the ruling delivered in Tinker v Des Moines independent Community School District does not apply to the supposed infringement on Renville’s freedom of speech
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Case 1: McDonnell Douglas Corp. v Green‚ the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing‚ for example‚ in a hiring case that: (1) the charging party is a member of a Title VII protected group; (2) he or she applied and was qualified for the position sought; (3) the job was not offered to him or her; and (4) the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements‚ the employer must
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younger workers due to stereotypes surrounding older workers’ productivity and cost. In case of Zimpfer V. Palm Beach County case‚ Mr. Bryce Zimpfer applied for the position of employee relations manager. However‚ the department filled the position with Mr. Brad Merriman‚ aged 33. Although Brad had less experience than Bryce‚ he was appointed as the new relations manager. Nonetheless‚ this is a case of age based discrimination. Since Brad has
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Contribution Required Of Excess Insurer Where It Did Not Consent To Settlement In February‚ the California Court of Appeal ruled in Doe Run Resources Corp v. Fidelity & Casualty Co. of New York that an excess insurer did not have to contribute to the settlement where the insured failed to obtain its consent before signing the settlement agreement. The case involved a complaint filed in 2001 by residents of Herculaneum‚ Missouri alleging that the defendant mining-company‚ Doe Run’s‚ lead and cadium smelting
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Korematsu V. United States was a court case during the time of World War II. After the bombing of Pearl Harbor‚ people of Japanese descent were considered threats. As a result‚ Franklin Roosevelt issued the Executive Order 9066 on February 19‚ 1942. This Order demanded that each and every person of Japanese descent be moved to internment camps‚ regardless of citizenship. Fred Korematsu‚ a Japanese American citizen‚ refused to leave his home to go to the internment camp. Therefore‚ he was convicted
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In this case‚ former sales managers for State Room had accused the company of not paying them for the extra duties undertaken. The court held that these employees had no authority when it comes to the setting pieces or even enters into contracts unless the management has negotiated the favorable terms (Breger & Edles‚ 2015). The court further decided to rely on a previous decision to arrive at the new decision. The case under reference was Reich v John Alden Life Insurance Co
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Section A Question 1) a) In the case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore
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Egyptian art was mainly made for after life purposes. For example‚ the Egyptians used a very accurate gridding system for many art pieces. On the grid system Egyptian artist created a method called frontalism or twisted perspective which is the head of a person drawn in profile and the body seen from the front. Frontalsim and the grid system were a very important piece in a pharaoh or important leader’s afterlife. In the tomb of Ti there is a painting of Ti watching a hippopotamus hunt which shows
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