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Corporations - Voting Trusts - Power Of Voting Trustee To Elect Directors And Officers For Period Extending Beyond Termination Of Trust, Andrew J. Sawyer, Jr. Aug 1942

Corporations - Voting Trusts - Power Of Voting Trustee To Elect Directors And Officers For Period Extending Beyond Termination Of Trust, Andrew J. Sawyer, Jr.

Michigan Law Review

Defendants held all the stock of a corporation as voting trustees under a voting trust which provided that it should terminate November 18, 1941, and that the trustees should deliver the stock to the holders of the participation certificates within thirty days thereafter. The agreement further provided that the trustees might elect themselves directors and officers of the corporation. At the time of the execution of the agreement, the by-laws of the corporation provided for annual shareholders' meetings in March. In 1939, defendant trustees, who had elected themselves directors and officers of the corporation, amended the by-laws to require the …


Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review Jun 1942

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review

Michigan Law Review

Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …


Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review May 1942

Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review

Michigan Law Review

Smyth v. Ames, source of the elusive principle that has pestered courts and public utility commissions since 1898, is still not a dead letter. Doubtless the only reason its doctrine stands at this late date is that no recent case has forced the Court to reconsider the "fair value" rule. However, in Federal Power Commission v. Natural Gas Pipeline Company of America, decided by the Court on March 16, 1942, three justices took occasion to "lay the ghost" of the 1898 decision once and for all and to declare that the case "erases much which has been written …


Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review

Michigan Law Review

Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …


Taxation-- Use Tax--Collection By A Foreign Corporation--Inapplicable Where Foreign Corporation Makes Strictly Interstate Sales, Michigan Law Review Mar 1942

Taxation-- Use Tax--Collection By A Foreign Corporation--Inapplicable Where Foreign Corporation Makes Strictly Interstate Sales, Michigan Law Review

Michigan Law Review

The Michigan Use Tax Act requires every seller of tangible personal property for storage, use or other consumption in the state of Michigan, engaged in the business of selling at retail in Michigan, to collect the tax imposed by the act. Plaintiff is an Illinois corporation operating a merchant tailoring establishment in Chicago. It takes orders in Michigan, from residents, for clothes, fills the orders in Chicago and, by agreement, the title to the clothes is vested in the purchaser upon delivery in Chicago to an interstate carrier. It maintains a branch office in Detroit where samples are kept, salesmen …