Case law

Lyons v. United States

18 Cl. Ct. 723 · United States Court of Claims · Nov 22, 1989

See Beckham v. United States, 179 Ct.Cl. 539, 544 , 375 F.2d 782, 785 (1967); Brown v. … The review is nonadversarial in nature (Armstrong v. United States, 205 Ct.Cl. 754, 764 (1974); Flute v.

Robert T. Mathis, Sr. v. The United States

391 F.2d 938 · United States Court of Claims · Mar 15, 1968

We held in Kirk v. United States, supra, 164 Ct.Cl. at 742-743 , that resort to the Discharge Review Board is permissive, not mandatory, and the same is true, a fortiori, of the Correction Board. … See Ogden v. Zuckert, 111 U.S.App.D.C. 398 , 298 F.2d 312 (1961); Schwartz v. Covington, 341 F.2d 537 (C.A.9, 1965); McCurdy v.

Richard A. Weiss v. The United States

408 F.2d 416 · United States Court of Claims · Mar 14, 1969

The Board obtained and considered the Brown report. … Thus, in McClaughry v.

Skinner v. United States

594 F.2d 824 · United States Court of Claims · Feb 21, 1979

Jurisdiction also extends to a board decision made illegal because of board consideration of illegally prepared or omitted material in selection folders. Yee v. United States, 206 Ct. … "The fact that this court has the jurisdiction to review actions of military correction boards is not disputable. Hertzog v. United States, 167 Ct. Cl. 377, 383-384 (1964), and cases cited therein.” Armstrong v.

Anthony P. Miller, Inc. v. United States

161 Ct. Cl. 455 · United States Court of Claims · Apr 5, 1963

Horowitz v. United States, 267 U.S. 458, 461 (1925); Deming v. United States, 1 Ct. Cl. 190 (1865); Wilson v. United States, 11 Ct. Cl. 513 (1875); Gothwaite v. United States, 102 Ct. … There is no applicable rule stating that the board decision must be rendered by the individual who presided at the hearing. See Racine Screw Co. v. United States, 156 Ct. Cl. 256, 258 (1962).

Long v. United States

12 Cl. Ct. 174 · United States Court of Claims · Apr 15, 1987

Brown v. United States, 184 Ct.Cl. 501, 518-19 , 396 F.2d 989, 1000-01 (1968); Beckham v. United States, 179 Ct.Cl. 539 , 375 F.2d 782 (1967). … More recent military pay decisions by this court, however, appear to limit review to the record developed before the administrative review board. See, e.g., Park v. United States, 10 Cl.Ct. 790, 793 (1987); Voge v.

Proper v. United States

154 F. Supp. 317 · United States Court of Claims · Jul 12, 1957

Board but independently and in fact contrary to the findings, conclusions and recommendations of such Board. … As we said in our recent decision in the case of Furlong v.

Brown v. United States

358 F.2d 1002 · United States Court of Claims · Apr 15, 1966

In British American Tobacco Co. v. United States, 89 Ct. … In Wessel, Duval, & Co. v. United States, 129 Ct. Cl. 464, 466 , 124 F.

Brown v. United States

524 F.2d 693 · United States Court of Claims · Oct 22, 1975

Brown allegedly created the following “companies” solely for bidding purposes: B & B Construction Company, Horton Brown, Western Company, Horton J. … According to Chapter such specific supported demonstration of factual Board error the Board’s statement of facts will be accepted. Jefferson Constr. Co. v.

Brown v. United States

396 F.2d 989 · United States Court of Claims · Jun 14, 1968

United States, 148 Ct.Cl. 420 (1960); Allin v. United States, 147 Ct.Cl. 459 (1959); Brown v. United States, 143 Ct.Cl. 605 (1958); Bowman v. United States, 142 Ct.Cl. 367 (1958); Friedman v. … United States, 168 Ct.Cl. 545 (1964); Nichols v. United States, 158 Ct.Cl. 412 (1962); Adams v. United States, 156 Ct.Cl. 289 (1962); Weiner v. United States, 148 Ct.Cl. 445 (1960); Brown v.

Brown v. United States

6 Ct. Cl. 171 · United States Court of Claims · Dec 15, 1870

Coming before the Senate at first in the proposition to establish a board of commissioners for the investigation of claims, the bill was changed so as to establish a court for the avowed purpose of giving finality to its … Brown's Case, (5 C. Cls. R., p. 571.) In Hanover and Bavaria the redress is substantially the same. (5 id., p. 571.)

Brown v. United States

2 Cl. Ct. 586 · United States Court of Claims · Jun 10, 1983

Kestner v. United States, No. App. 19-81 (Ct.Cl. Jan. 15, 1982); Taylor v. United States, 219 Ct.Cl. 86 , 591 F.2d 688 (1979). … General Order No. 1, 1 Cl.Ct.Rules 1 (1982); Connolly v. United States, 1 Cl.Ct. 312 , 321 n. 11 (1982). The court therefore concludes that plaintiff’s claim is barred by his acceptance of retired status.

Brown v. United States

122 Ct. Cl. 361 · United States Court of Claims · May 6, 1952

Cls. 724 ; and Jackson v. United States, 121 C. … Utah Power and Light Company v. United States, 234 U. S. 389 ; The Seminole Nation v. United States, 102 C. Cls. 565, 623 .

Brown v. United States

68 Ct. Cl. 734 · United States Court of Claims · Jan 13, 1930

Brown, M. C., September 13th, 1919. ‡ ‡ $ “ By order of Lieut. Colonel Johnson.” … Brown, Medical Corps.” The question here presented has been passed upon and so clearly settled by the decisions of this court that it seems only necessary to refer to the cases. Luskey v. United States, 56 C.

Brown v. United States

12 Ct. Cl. 715 · United States Court of Claims · Dec 15, 1876

Brown v. United States

12 Ct. Cl. 724 · United States Court of Claims · Dec 15, 1876

Brown v. United States

3 Cl. Ct. 31 · United States Court of Claims · Jul 14, 1983

Brown v. United States, Ct.Cl. … Brown, et al. v. United States, Ct.Cl. No. 490-76; Werner, et al. v. United States, 218 Ct.Cl. 746 , 590 F.2d 344 (1978); James E. Brown v. United States, No. 79-230 (D.D.C. Oct. 27, 1981); James E. Brown v.

Brown v. United States

5 Ct. Cl. 571 · United States Court of Claims · Dec 15, 1869

Brown v. United States

18 Ct. Cl. 537 · United States Court of Claims · May 14, 1883

In Edwards’s Lessee v. Darby ( 12 Wheat., 210 ) the Supreme Court says: . … This opinion is again approved in United States v. Pugh ( 99 U. S.

Flute v. United States

535 F.2d 624 · United States Court of Claims · May 12, 1976

The Board could have denied plaintiff a hearing without seeking any legal advice. In Weiss v. United States, 187 Ct. … Therefore, this court will not interfere with the Board’s actions. Dorl v. United States, 200 Ct. Cl. 626 , cert. denied, 414 U.S. 1032 (1973).