Volume 327 — United States Reports

This is a list of all the United States Supreme Court cases from volume 327 of the United States Reports:

United States v. Johnson, 327 U.S. 106 (1946), was a United States Supreme Court case.

Estep v. United States, 327 U.S. 114 (1946), was a case in which the Supreme Court of the United States held that a draft board's refusal to classify a Jehovah's Witness as minister is, after exhausting administrative remedies, subject to judicial review.

Hannegan v. Esquire, Inc., 327 U.S. 146 (1946), was a U.S. Supreme Court case argued between the United States Postal Service and Esquire magazine. In a unanimous decision, the Supreme Court ruled that the USPS was without statutory authority to revoke a periodical's second class permit on the basis of objectionable material that was not obscene.

Bigelow v. RKO Radio Pictures, Inc., 327 U.S. 251 (1946), was a decision by the United States Supreme Court allowing an action to recover compensatory damages under the antitrust statutes. The jury had returned a verdict for $120,000 in petitioner's favor, covering a five-year period where plaintiff suffered due to respondents' antitrust conspiracy. The trial court, sitting in the Northern District of Illinois, gave judgment for treble damages, as prescribed by § 4 of the Clayton Act. The 7th Circuit reversed on the sole ground that the evidence of damage was not sufficient for submission to the jury, and directed the entry of judgment for respondents non obstante veredicto (notwithstanding the verdict).

Ashcraft v. Tennessee, 327 U.S. 274 (1946), was a United States Supreme Court case in which the court held that admitting narrative testimony about the interrogation that elicited an excluded confession can be considered equivalent to the excluded confession, requiring it to also be excluded.

Duncan v. Kahanamoku, 327 U.S. 304 (1946), was a decision by the United States Supreme Court. It is often associated with the Japanese exclusion cases (Hirabayashi v. United States, Korematsu v. United States and Ex parte Endo) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority, though in this case neither the plaintiff nor the nominal defendant were Japanese.

Held: relying on Guaranty Trust Co. v. York, 326 U. S. 99 , that the New York statute of limitation' was controlling and that the mere lapse of ten years barred the action. Since the case raises a question of considerable importance in enforcing liability under federal equitable enactments, we brought it here for review. 326 U. S. 712 .

Commissioner v. Wilcox, 327 U.S. 404 (1946), was a case decided by the Supreme Court of the United States.

Held: 17 that the Richmond tax is not discriminatory or unduly burdensome in effect. In support of this view it relies mainly on two contentions, first, that the tax is no more discriminatory or burdensome than was the tax in the Berwind-White case; and, second, that it applies alike to all solicitors whether they are engaged in soliciting for local or for interstate business.

Held: “Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner must pay the severance tax; for such contractor and his servants who actually sever the timber act for the owner in the premises, and their act of severing the timber is the act of the owner.” * 11 (Emphasis added.) *496 No reference was made in this case to the Miller case.…

Held: the referee approved and confirmed the sale. He then granted petitions for review of this order which were filed by Duggan and by the National Aircraft Corporation per Brown. 4 The District Court affirmed the referee’s order, as did the Circuit Court of Appeals, one judge concurring specially and one dissenting. 149 F. 2d 548 . We granted certiorari. 326 U. S. 709 .

Held: whether joint or several, and in order that appropriate findings be made as to the public convenience and necessity which requires the authorization of two new through-lines in competition with each other and in competition with the other facilities, and also as to the ability of Consolidated to initiate and maintain one of such lines in view of present conditions” (Emphasis added.) 57 F. Supp. at 198 . *523…

Lavender v. Kurn, 327 U.S. 645 (1946), was a case decided by the Supreme Court of the United States dealing with a negligent wrongful death case against a railroad employer under the Federal Employers Liability Act. L.E. Haney was a switchtender who was killed at Grand Central Station in Memphis, Tennessee. He worked for both the Illinois Central and Frisco railroads.

Bell v. Hood, 327 U.S. 678 (1946), was a Supreme Court case in which the court held that individuals have an implied cause of action under the Fourth Amendment and Fifth Amendment to recover damages against federal government officials who violate those rights. The court further held that federal courts must entertain such suits unless they are frivolous, or solely for the purpose of that court gaining jurisdiction over the suit.

North American Co. v. Securities and Exchange Commission, 327 U.S. 686 (1946), is a United States Supreme Court case holding that a Securities and Exchange Commission (SEC) order under the Public Utility Holding Company Act (PUHCA) directing a public utility holding company to divest its securities of all companies except for one electric company did not violate the Commerce Clause or the Fifth Amendment to the United States Constitution.

Held: in Draper v. United States, supra, that the state courts, and not the federal courts, had jurisdiction over a murder on an Indian reserva *715 tion in the State of Montana, by one person not an Indian of another not an Indian.

Held: on equitable principles, that Litton was not free to assert his judgment in competition with other creditors because he had acquired the judgment in breach of the fiduciary obligation which a controlling stockholder of the bankrupt owes to the other creditors, not to secure for himself a personal advantage by way of security or priority over them. Cf. Taylor v. Standard Gas Co., 306 U. S. 307 .

Held: and it is no longer open to doubt, that an order remanding a cause which is subject to the prohibition against appeals of § 2 cannot be reviewed by mandamus. In re Pennsylvania Co., supra; Employers Corp. v. Bryant, supra.