Case law

Paschen Contractors, Inc. And Peter Kiewit Sons' Co., Joint Venturers v. The United States

418 F.2d 1360 · United States Court of Claims · Dec 12, 1969

Plaintiff submits that the record clearly establishes without dispute that there would have been no condensation or heat gain in the hung ceiling spaces involved in this contract. 6. … Defendant further reasons that the reference to “all supply duets” in the first sentence of paragraph 82 would have been qualified (for example, by the words “in non-conditioned spaces”) had it been intended that the exception

American National Bank & Trust Co. v. United States

36 Cont. Cas. Fed. 75,966 · United States Court of Claims · Nov 13, 1990

Neither party has come forward with sufficient facts to establish that there is a genuine issue for trial. Celotex Corp. v. … In order to prove the existence of a valid statutory assignment, plaintiff must show compliance with each of three criteria — that (1) it is a qualified financial institution; (2) it loaned money or at least made money available

Nordstrom v. United States

177 Ct. Cl. 818 · United States Court of Claims · Dec 16, 1966

During 1942, jobs with the Government were constantly being upgraded in an effort to attract qualified people. … The evidence establishes that plaintiff’s work was eminently satisfactory to defendant. 9. On June 20, 1942, plaintiff was furloughed to active military duty.

Abell v. United States

518 F.2d 1369 · United States Court of Claims · Jun 25, 1975

Before holding that the result of the earlier consideration has been repealed or qualified, it is reasonable for a court to insist on the legislature’s using language showing that it has made a considered determination to … a clearly expressed congressional intention to the contrary, to regard each as effective.

Nelms v. United States

167 Ct. Cl. 423 · United States Court of Claims · Jul 17, 1964

If you so desire, you may appeal this decision under the Air Force Grievance Procedure established by Chapter E2 of Air Force Manual 40-1. … It is not established that any such advice was given.

Murphy v. United States

164 Ct. Cl. 332 · United States Court of Claims · Jan 24, 1964

Moore, a man with extensive experience and an established reputation in heavy construction work, whereby the plaintiff and Mr. … Also doubt Murphy’s ability to get qualified superintendent to prosecute work as he *358 insists on managing job personally. Effects on [sic] past labor trouble are an important factor in progress.

Texas v. United States

537 F.2d 466 · United States Court of Claims · Jul 9, 1976

Federal officials further advised the State and local representatives that they could undertake necessary emergency work pending the Presidential disaster declaration by contracting with qualified private contractors. … The following paragraphs describe specific items which are clearly eligible or clearly ineligible. Project applications and vouchers * * * should be submitted accordingly * * *. ***** 3.

Electrical Export Corp. v. United States

154 Ct. Cl. 323 · United States Court of Claims · Jun 7, 1961

If it was from sources in Brazil and Chile, clearly the plaintiff qualifies as a Western Hemisphere trade corporation. … The Bank is a government agency established by Congress for the purpose of financing the export of goods.

Post Corp. v. United States

640 F.2d 1296 · United States Court of Claims · Jan 28, 1981

Clearly the inadequate cash flow in this case strengthens the inference that thin capitalization suggests an equity investment. … , both of Post’s advances qualify as equity under this proposed test.

Pacific Maritime Ass'n v. United States

108 F. Supp. 603 · United States Court of Claims · Dec 2, 1952

A labor pool or registration list of the longshoremen was also established in each port to provide a means of equitably distributing the available work among the longshoremen. … The petition was filed on October 25, 1948; and, hence, plaintiff clearly is entitled to recover for services rendered since that time.

Price v. United States

100 F. Supp. 310 · United States Court of Claims · Oct 2, 1951

The Militia Bureau 1 was established by the act of 1916; it replaced the' National Militia Board created by the 1908 act. … It may be said that conformity has been satisfactorily established in all but two States.

Woods Psychiatric Institute v. United States

20 Cl. Ct. 324 · United States Court of Claims · Apr 26, 1990

CHAMPUS was established pursuant to the Dependents’ Medical Care Act, Pub.L. … Good cause is clearly not established by the mere recital of good cause. Mobil Oil v.

Duwamish Tribes of Indians v. United States

79 Ct. Cl. 530 · United States Court of Claims · Jun 4, 1934

The sum of $1,146.21, medical attention and supplies, allocated to article YI, is clearly chargeable to article XIV. … The political department of the Government conceded to the Indian tribes a qualified land title to the lands over which they roamed and upon which they lived, predicated upon the right of occupancy The tribal Indians could

Hercules Inc. v. United States

626 F.2d 832 · United States Court of Claims · Jul 2, 1980

Collins recommended rates more in line with those rates used in Plant # 1 until such time as a more substantial labor base had been established in Plant #2. … The government’s highly qualified expert accounting witness 2 corroborated this conclusion.

Rifkin v. United States

209 Ct. Cl. 566 · United States Court of Claims · Apr 14, 1976

On August 30, 1965, the Commander in Chief, Europe notified plaintiff that the appeal record “clearly supports the charge that you did alter and use an official document to defraud the United States Government” and that his … There Is no contention that plaintiff qualified as one who could not remain overseas because of Immigration or repatriation requirements.

South Carolina v. United States

39 Ct. Cl. 257 · United States Court of Claims · Feb 29, 1904

Here, if the principle contended for is established, there seems no limitation upon the extent to which it can be carried. … The more this subject is studied the more clearly it appears to the court .that the State has a right to the exercise of its police power, *289 and a right to the use of all proper instrumentalities of government, and a right

McCormack v. United States

496 F.2d 543 · United States Court of Claims · May 15, 1974

L. 92-415 (August 29, 1972), 86 Stat. 662 ), we remand the ease to the Civil Service Commission for a hearing on the question of whether the resignation was involuntary within the meaning established by e.g., Perlman v. … However, some five months before, on March 27, 1971, plaintiff clearly designated his resignation as “involuntary.”

Sperry Corp. v. United States

33 Cont. Cas. Fed. 74,234 · United States Court of Claims · Feb 5, 1986

acknowledged completion of Preliminary Design Review, Critical Design Review, Functional Configuration Audits, Physical Con *491 figuration Audit, Formal Qualification Review. 5.2.2 One or more of each Configuration Item has been qualified … The difficulty with this seemingly simple issue is in establishing the date of final acceptance of Chain 1.

Adelson v. United States

6 Cl. Ct. 102 · United States Court of Claims · Sep 12, 1984

The CAFC opinion recites the following findings and references to the record in support of the Claims Court’s holding that the advances were bona fide debts: (1) the uncontradicted testimony of the parties established that … On this record, any contrary conclusions would be clearly erroneous. 52 . Adelson v. U.S., 737 F.2d 1569 (1984). . Adelson v. U.S., 1 Cl.Ct. 61 , 553 F.Supp. 1082 (1982) [hereinafter cited as Adelson I]. .

Aviation Enterprises, Inc. v. United States

32 Cont. Cas. Fed. 73,403 · United States Court of Claims · Apr 10, 1985

The contracting officer found that Schedule B of the RFP clearly controlled and answered affirmatively. … Both men were eminently well-qualified to reach such a conclusion. Both were pilots who had security clearance for the classified mission at Nellis Air Force Base. Therefore, Col. Allbee and Maj.