SECURITIES EXCHANGE ACT OF 1934—Continued.
to state any material fact necessary in order to make the statements
therein not false or misleading") is not standard applied by Court of
Appeals ("all facts which a reasonable shareholder might consider
important") but is as follows: An omitted fact is material if there
is a substantial likelihood that a reasonable shareholder would con-
sider it important in deciding how to vote. TSC Industries, Inc. v.
Northway, Inc., p. 438.
SILENCE AT TIME OF ARREST. See Constitutional Law, III,
1.
SOCIAL SECURITY ACT. See Constitutional Law, III, 6; Ju-
risdiction, 1.
SPECIAL MASTERS. See Boundaries.
1. Challenge to standing-Relevant inquiry-Showing of injury-
Case or controversy.-When a plaintiff's standing is challenged
relevant inquiry is whether, assuming justiciability of claim, plaintiff
has shown an injury to himself that is likely to be redressed by a
favorable decision, and unless such a showing is made a federal court
cannot exercise its power consistent with "case or controversy" limi-
tation of Art. III of Constitution. Simon v. Eastern Ky. Welfare
Rights Org., p. 26.
2. Suit challenging validity of Revenue Ruling-Denial of hospital
services to indigents.-In class action brought on behalf of all persons
unable to afford hospital services by respondents (several low-income
individuals and organizations representing such individuals) against
petitioners (Secretary of Treasury and Commissioner of Internal
Revenue), claiming that Revenue Ruling 69-445 "encouraged" hospi-
tals to deny services to indigents, and was invalid because it was an
erroneous interpretation of Internal Revenue Code and had been
issued in violation of Administrative Procedure Act, District Court
should have granted petitioners' motion to dismiss because respond-
ents failed to establish their standing to bring suit. Simon v.
Eastern Ky. Welfare Rights Org., p. 26.
STATE AID TO PRIVATE COLLEGES. See Constitutional Law,
V, 1.
STATE AIR-POLLUTION-CONTROL PLANS. See Clean Air
See Constitutional Law, V, 1-3.
STATE BOUNDARIES. See Boundaries; Constitutional Law, II;
STATE EMPLOYEES. See Constitutional Law, I, 1–2.
STATEMENTS OF RECORD CONCERNING LAND DEVELOP-
MENTS. See National Environmental Policy Act of 1969.
STATE PERMITS FOR AIR CONTAMINANT SOURCES. See
Clean Air Act.
STATE PERMITS FOR WATER POLLUTANT SOURCES. See
Federal Water Pollution Control Act, 1.
STATE PRISONERS. See Mandamus.
STATE "RIGHT-TO-WORK" LAWS. See National Labor Re-
lations Act.
1. Action between States-Challenge to commuters' taxes-Lack of
direct injuries.-Motions for leave to file bills of complaint chal-
lenging commuters' taxes imposed by defendant States brought by
plaintiff States on their own behalf are denied. In neither suit has
defendant State directly injured plaintiff States by imposing taxes in
question, but injuries to plaintiffs' fiscs were self-inflicted, resulting
from decisions by their respective state legislatures to allow their
residents credit for taxes paid to other States. Pennsylvania v. New
Jersey, p. 660.
2. Action between States-Challenge to commuters' taxes-Parens
patriae suit.-Pennsylvania's motion for leave to file suit challenging
New Jersey's commuters' tax as parens patriae on behalf of its
citizens is denied, since such a suit represents nothing more than a
collectivity of private suits against New Jersey for taxes withheld
from private parties, and no sovereign or quasi-sovereign interests of
Pennsylvania are implicated. Pennsylvania v. New Jersey, p. 660.
STATE TAXATION OF INDIANS. See Indians.
STRAY HORSES AND BURROS. See Constitutional Law, VI.
STRIKES BY PUBLIC EMPLOYEES. See Constitutional Law,
III, 10.
SUITS AGAINST NATIONAL BANKS. See Venue.
SUPREMACY OF FEDERAL GOVERNMENT. See Constitu-
tional Law, II.
SUPREME COURT. See also Procedure; States.
Assignment of Mr. Justice Clark (retired) to the United States
Court of Appeals for the First Circuit, p. 912.
SUSPENSION OF WRIT OF HABEAS CORPUS. See Post-con-
TAXATION OF COMMUTERS' INCOME. See States.
TAXATION OF INDIANS. See Indians.
TEACHERS. See Constitutional Law, III, 10.
TERMINATION OF EMPLOYMENT. See Constitutional Law,
III, 2-3, 9.
TERRITORIES. See Jurisdiction, 2.
TEXAS. See Boundaries; National Labor Relations Act.
TITLE DOCUMENTATION OF ABANDONED AUTOMOBILES.
See Constitutional Law, I, 3; IV, 2.
TRADE ACT OF 1974. See Trade Expansion Act of 1962.
TRADE EXPANSION ACT OF 1962.
License fees on imported oil-President's authority-Section
232 (b) of Act, which provides that if Secretary of Treasury finds
that an "article is being imported into the United States in such
quantities or under such circumstances as to threaten to impair the
national security," President is authorized to "take such action, and
for such time, as he deems necessary to adjust the imports of [the]
article and its derivatives so that . . . imports [of the article] will
not threaten to impair the national security," authorizes President to
issue a Proclamation raising license fees on imported oil after Secre-
tary of Treasury on basis of investigation found that crude oil and
its derivatives and related products were being imported into United
States in such quantities and under such circumstances as to threaten
to impair national security, and accordingly recommended to Pres-
ident that appropriate action be taken to reduce imports. FEA v.
Algonquin SNG, Inc., p. 548.
TRANSCRIPTS OF CRIMINAL TRIALS. See Post-conviction
Relief.
UNAPPROPRIATED WATER. See Water Rights.
UNION DUES. See Constitutional Law, IV, 1.
UNION-SHOP AGREEMENTS. See National Labor Relations
Act.
UNITED STATES. See Water Rights.
UNIVERSITIES. See Constitutional Law, V, 1.
UNREASONABLE DIFFERENCE IN ELECTRIC RATES. See
Federal Power Commission.
USE OF POST-ARREST SILENCE FOR IMPEACHMENT PUR-
POSES. See Constitutional Law, III, 1.
Suit against national bank-Violation of Securities Exchange Act
of 1984.-Venue in a suit against a national banking association
charged with violating Securities Exchange Act of 1934 is governed
by § 94 of National Bank Act, which provides that an action against
a national banking association may be had in any federal district
court within district in which such association may be established,
rather than by § 27 of Securities Exchange Act, which provides that
any action to enforce any liability or duty under that Act may be
brought in any district where violation occurred or in district wherein
defendant is found or transacts business. Radzanower v. Touche
Ross & Co., p. 148.
VIOLATIONS BY BANK OF SECURITIES EXCHANGE ACT
OF 1934. See Venue.
WATER POLLUTION. See Federal Water Pollution Control Act,
1-3.
Reservation of water rights in National Monument.—As of 1952
when United States by Presidential Proclamation issued under
American Antiquities Preservation Act reserved as a National Monu-
ment Devil's Hole, a deep cavern on federal land in Nevada contain-
ing an underground pool inhabited by a unique species of desert fish,
United States acquired by reservation water rights in unappropriated
appurtenant water sufficient to maintain level of underground pool to
preserve its scientific value and thereby implement Presidential
Proclamation. Cappaert v. United States, p. 128.
WELFARE BENEFITS. See Constitutional Law, III, 6; Juris-
diction, 1.
WHOLESALE ELECTRIC RATE INCREASES. See Federal
Power Commission.
WILD FREE-ROAMING HORSES AND BURROS ACT. See
Constitutional Law, VI.
WILDLIFE. See Constitutional Law, VI.
WISCONSIN. See Constitutional Law, III, 10.
WITHHOLDING OF UNION DUES FROM PAYCHECKS. See
Constitutional Law, IV, 1.
1. "Adjust." § 232 (b), Trade Expansion Act of 1962, 19 U. S. C.
§ 1862 (b) (1970 ed., Supp. IV). FEA v. Algonquin SNG, Inc., p.
548.
2. "Objects of historic or scientific interest." 16 U. S. C. § 431
(American Antiquities Preservation Act). Cappaert v. United
States, p. 128.
3. "Pollutants." 33 U. S. C. § 1362 (6) (1970 ed., Supp. IV)
(Federal Water Pollution Control Act). Train v. Colorado Pub. Int.
Research Group, p. 1.
4. "Requirements respecting control and abatement of air pollu-
tion." § 118, Clean Air Act, 42 U. S. C. § 1857f. Hancock v. Train,
p. 167.
5. "Requirements respecting control and abatement of pollution."
§ 313, Federal Water Pollution Control Act Amendments of 1972,
33 U. S. C. § 1323 (1970 ed., Supp. IV). EPA v. California ex rel.
State Water Resources Control Board, p. 200.
WRIT OF MANDAMUS. See Mandamus.
ZONING REFERENDUMS. See Constitutional Law, III, 11.
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