SMITH
v.
PAYNE
Mr. Justice Brown delivered the opinion of the court.
Plaintiffs are the publishers of several different series of novels under the names of The Columbia Library, The Bertha Clay Library, The Magnet Detective Library, The Medal Library, The Undine Library, The Eden Series, The Arrow Library, and some others. The books of these series are apparently of an inferior class of literature, and are numbered consecutively; but the only thing to indicate that they are issued periodically is a notice upon the outside of the back cover in small type that they are weekly or semi-monthly publications.
The considerations moving us to affirm the decree of the Court of Appeals in the case of Houghton v. Payne, just decided, apply with much greater persuasiveness to this case, and the decree dismissing the bill is, therefore
Affirmed.
Mr. Justice Harlan and The Chief Justice dissent in this casé for the reasons stated in their, dissenting opinions in Houghton v. Payne, ante, p. 88, and Bates & Guild Co. v. Payne, post, p. 106.
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Brennan v. Gilles & Cotting, Inc., 504 F.2d 1255 (4th Cir. 1974)…Udall v. Tallman, 380 U.S. 1, 15, 85 S.Ct. 792, 13 L.Ed.2d 616 (1965); Hearst Publications, supra, 322 U.S. at 130-131, 64 S.Ct. 851; Gray v. Powell, 314 U.S. 402, 62 S.Ct. 326, 86 L.Ed. 301 (1941); Bates & Guild Co. v. Payne, 194 U.S. 106, 109-110, 24 S.Ct. 595, 48 L.Ed. 894 (1904); Jaffe, supra, n. 4, ch. 14. The Secretary agrees that the issue of a general contractor’s joint responsibility for safety violations hazardous to subcontractor workmen is committed to agency discretion, but he argues that the…
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Chrysler Corp. v. Dep't OF Transp., 472 F.2d 659 (6th Cir. 1972)…F. 2d at 338. We fail to see how a court can make this determination without reviewing the record upon which the Agency’s rule was based. . In 1904, Mr. Justice Brown summarized these principles in Bates & Guild Co. v. Payne, 194 U.S. 106, 109-110, 24 S.Ct. 595, 597, 48 L.Ed. 894 (1904) : “[W]here the decision of questions of fact is committed by Congress to the judgment and discretion of the head of a department, his decision thereon is conclusive ; and that even upon mixed questions of law and fact, or…
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Smith and Others v. Hitchcock, 226 U.S. 53 (U.S. 1912)…of Magnetic Healing v. McAnnulty, 187 U. S. 94, 106. Public Clearing House v. Coyne, 194 U. S. 497, 509. We have no such clear opinion, as the decision is pretty nearly if not wholly sustained by Houghton v. Payne, 194 U. S. 88, and Smith v. Payne, 194 U. S. 104. Indeed the latter case dealt with The Medal Library; which was a periodical publication of several issues of the Tip Top Weekly bound together; as the principal plaintiff now puts it, in book form, and it is true, reprinted in a different size and…
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