Case law

Reliance Insurance v. United States

15 Cl. Ct. 62 · United States Court of Claims · Jun 2, 1988

Accordingly, at the time the as-signee demanded payment of the contract proceeds, the contract work clearly was completed. … Case law establishes the contrary.

TRW Environmental Safety Systems Inc. v. United States

35 Cont. Cas. Fed. 75,639 · United States Court of Claims · Mar 22, 1989

Facts Seeking to attract proposals from the most qualified entities both inside and outside of the nuclear industry, DOE placed a notice in the Commerce Business Daily (CBD) on February 13,1987, of its intent to issue a solicitation … The court should not substitute its judgment on such matters for that of the agency, but should intervene only when *526 it is clearly determined that the agency’s determinations were irrational or unreasonable.

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

Illinois v. United States

15 Cl. Ct. 399 · United States Court of Claims · Aug 22, 1988

It is well established that a claim cannot accrue until the claimant has suffered damages, e.g., Terteling v. … The district court’s factual finding of the amount of money plaintiff spent was extensively discussed in light of the quality of plaintiffs work and whether it even qualified as bridge maintenance work.

Gould Inc. v. United States

579 F.2d 571 · United States Court of Claims · May 17, 1978

Plaintiffs argument, of course, ignores the commercial use which each of the complained of activities clearly amount to. … delivery of two engines, and the September 1959 offer in production quantities on a fixed-price basis of engines to Aerojet, clearly constitute sales within the meaning of 35 U.S.C. § 102 (b).

Jet Forwarding, Inc. v. The United States

437 F.2d 987 · United States Court of Claims · Feb 19, 1971

Plaintiff in subject case was not required to share with other qualified carriers the available shipments at the origin installations. … Prior to any dispute being raised concerning the failure of defendant to offer a minimum of 12,000 pounds of household goods at a time, the parties by their conduct and statements clearly showed that they were in agreement

Ciotoli v. Secretary of the Department of Health & Human Services

18 Cl. Ct. 576 · United States Court of Claims · Nov 9, 1989

V 1987), which establishes a program for payment of compensation for injuries or deaths resulting from the administration of vaccines. … DPT IMMUNIZATION PREVIOUS DAY DIARRHEA Ex. 4 at 1.

Meadowlawn Memorial Gardens, Inc. v. United States

634 F.2d 1329 · United States Court of Claims · Aug 13, 1980

That Act provided that a cemetery company could not establish or operate a cemetery unless it established a trust fund for the future care and maintenance of the cemetery. Fla. Stat. § 559.41 . … Also, there are two letters in the record from the Comptroller’s Office to the plaintiff that indicate quite clearly that the state views the plaintiffs additional contributions to the trust fund as a "surplus.”

Standard Manufacturing Co. v. United States

25 Cl. Ct. 1 · United States Court of Claims · Dec 20, 1991

James Kirk, qualified as a technical expert; Professor Martin Adelman, qualified as a “legal expert” in the field of patent law; Theodore Alfriend, the lead engineer for AAI Corporation during the period at issue in this … Moreover, it would appear from the record that others qualified in the art disagreed.

Dickson v. United States

159 Ct. Cl. 185 · United States Court of Claims · Nov 7, 1962

Consequently, plaintiff was incapacitated for active service and was qualified for retirement under the above-cited War Department Technical Manual and applicable statutes. … There is no physical evidence which clearly establishes a connection between these subjective complaints of the plaintiff and the wound which the plaintiff received on June 7,1944.

Heaven Hill Distilleries, Inc. v. United States

476 F.2d 1327 · United States Court of Claims · Apr 13, 1973

of the Secretary or his delegate, does clearly reflect income. … Costing such charges to inventory would not reflect its income more clearly.

Westvaco Corp. v. United States

639 F.2d 700 · United States Court of Claims · Dec 3, 1980

Section 165(b) establishes “the basis for determining the amount of the deduction for any loss.” … The effect of *455 crediting the account upon sale is to match the depletion deduction with the receipt and clearly to reflect income.

Everett Plywood and Door Corporation v. The United States

419 F.2d 425 · United States Court of Claims · Dec 12, 1969

The Forest Service used the same appraisal method to establish a redetermined rate as was employed to determine the advertised rate, i. e., the market value of lumber and other products was established, from which was subtracted … The suggestion was made by the office of the Chief of the Forest Service to the pertinent regional office that a new contract form be used, which clearly negated any warranty of quantity.

Dolney v. Secretary of the Department of Health & Human Services

23 Cl. Ct. 337 · United States Court of Claims · May 30, 1991

Sperry & Hutchinson Co.] 511 F.2d [225] at 229 [(9th Cir.1975)]); (3) the court’s findings are clearly erroneous (Deitchman [v. E.R. … This is a very interesting phenomenon and would allow the patient to have qualified as a vaccine injury. That the patient became diabetic is un-controvertible.

Arundel Corp. v. United States

515 F.2d 1116 · United States Court of Claims · May 14, 1975

examinations of the banks of the excavated area and subsequent interpolation of the data which they believed comprised the banks. 14 Faced with this situation, the Board had to resolve and/or reconcile the conflicting reports of qualified … The boring logs of the Government and the plaintiff clearly showed the discontinuous nature of the subsurface strata which was subject to material variations within relatively short distances. Cf.

Evanston-North Shore Board of Realtors v. United States

320 F.2d 375 · United States Court of Claims · Jul 12, 1963

The bulk of the plaintiff’s various activities is conducted under the auspices and direction of the several standing committees established under its By-Laws. … Clearly the most important committee of the plaintiff was its Brokerage Committee.

Lee v. United States

22 Cl. Ct. 457 · United States Court of Claims · Jan 29, 1991

Plaintiffs’ suit, therefore, is predicated on plaintiffs being able to establish ownership of the land in the course of this takings action. … During that 90-day period, qualifying veterans “shall have a preferred right of application.” See also Alaska Mental Health Enabling Act, Ch. 772, § 202(b), Pub.L.

Weeks Dredging & Contracting, Inc. v. United States

34 Cont. Cas. Fed. 75,356 · United States Court of Claims · Aug 28, 1987

However, we observe that plaintiff clearly implies something more. … Rather, creditable evidence in the record establish *239 es that this failure is due to Mr.

Austin v. United States

25 Ct. Cl. 437 · United States Court of Claims · Jun 9, 1890

Austin “ all rights, privileges, and immunities” which could by the exercise of executive pardon, in its broadest sense, pass to a citizen of the United States. … It was intended, and does in express terms, qualify the precedingportions of the act.

Yerxa v. United States

11 Cl. Ct. 110 · United States Court of Claims · Oct 14, 1986

On this basis alone, the case is clearly distinguishable. … and applies therefor; or (2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment. .