Opinion · Supreme Court of the United States

A. P. Smith Manufacturing Co. v. United States

A. P. Smith Mfg. Co. v. United States, 385 U.S. 1003 (1967)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1967-01-09
Topic
general

How later courts describe this case

  • holding that “overriding purpose” of § 16(b) is to make it “unprofitable for insiders to engage in short-swing speculation.”
  • conversion of preferred stock into common stock found not to constitute a sale of the preferred stock
  • “[W]hen proof establishes a factual situation which would just as well justify defendants’ conduct as to lead to an inference of conspiracy, then plaintiff has failed to carry her burden.”
  • appellants as private persons were incapable of violating the substantive statute requiring action under “color of law,” but they could be found guilty of aiding and abetting a violation of that statute by an individual acting under “color of law”
  • teacher may not be terminated without due process
  • Id. teacher whose contract was not renewed
  • Certified drug MER-29 proves to cause cataracts.

Citator

UpLaw has not yet analyzed A. P. Smith Manufacturing Co. v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
197 opinions

Ct. Cl. Certiorari denied.