Case law

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.

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.

Puritan Lawn Memorial Park Cemetery v. United States

15 Cl. Ct. 234 · United States Court of Claims · Jul 22, 1988

Although it is possible that a cemetery company may still qualify as a nonprofit company without having had lot owner participation on its board, in such case it must be shown that the lot owners were not prejudiced by this … Clearly, the transfer of the Pierce Land was not an arm’s length sale.

Smith v. United States

32 Ct. Cl. 295 · United States Court of Claims · Apr 5, 1897

That is the constitutional recognition of the right of eminent domain; and while the right is fully recognized, it is limited and qualified by the provision that it shall not be fully exercised “ without just compensation … In this case there is no claim made upon the part of the defendants that the land in question belonged to the United States; and the law, whatever other effect it had, clearly indicated a purpose to take private property

Wright v. United States

19 Cl. Ct. 779 · United States Court of Claims · Mar 21, 1990

Discussion In this action, the plaintiff seeks several forms of relief that are clearly outside this Court’s jurisdiction. … In accordance with this grant of authority, the 238th FFF commanders established demotion policy for the unit: Demotion of Airmen will be made for the following reasons: a. Failure to attend Unit Training Assemblies. b.

Dainese v. United States

15 Ct. Cl. 64 · United States Court of Claims · Dec 15, 1879

The political department of the government has also uniformly insisted that persons under the protection of the United States shall enjoy in foreign lands all the rights, privileges, and immunities to which the law of nations … The argument rests entirely upon the language of the treaty; for the statutory provisions for executing the treaty clearly invest not only a vice-consul, but every consular officer who may be duly empowered by the Department

Fuentes v. United States

14 Cl. Ct. 157 · United States Court of Claims · Dec 29, 1987

The other damage claims, however, were all later dismissed by the court due to a finding of sovereign immunity. … This statute clearly requires that the officer over the public sale execute a “good and sufficient public deed” to the purchaser.

Torncello v. United States

681 F.2d 756 · United States Court of Claims · Jun 16, 1982

In this instance the appellant has established that the Government ordered no services in connection with pest control. … Clearly, Corliss establishes as basic law and policy that procuring agencies must have the power to settle contracts that have been subjected to great changes in expectations.

The Buckeye Savings and Loan Company v. The United States

312 F.2d 912 · United States Court of Claims · Feb 6, 1963

This seems to be the ordinary everyday meaning of the words used by the statute, and to give them that meaning is a firmly established principal of statutory interpretation. … The Commissioner of Internal Revenue has rejected this method of accounting, presumably on the ground that in his opinion such a method of accounting by a cash basis taxpayer does not clearly reflect income.

Spalding & Son, Inc. v. United States

37 Cont. Cas. Fed. 76,174 · United States Court of Claims · Sep 16, 1991

The answer is clearly yes. … In order to qualify, both the purchaser and the sales in question had to meet a number of specified requirements set forth in this legislation.

Kooy v. United States

145 Ct. Cl. 31 · United States Court of Claims · Feb 11, 1959

The evidence in this case, as stated in the findings of the Special Grievance Committee, establishes derelictions of duty on the part of both persons concerned. … Clearly the Civil Service Commission was clothed with authority to investigate and act in circumstances similar to the ones alleged.

Gratehouse v. United States

512 F.2d 1104 · United States Court of Claims · Mar 19, 1975

In the instant case, defendant’s offer of a CSC hearing 2 years after a hearing could have been held was far too late to qualify as reconsideration. … It is not necessary to find such violation now for plaintiff to recover, however, if he can establish the truth of his claim of coercion.

Hayden v. United States

38 Ct. Cl. 39 · United States Court of Claims · Dec 8, 1903

It is, however, not necessaiy for us to go to the length of inquiring whether the discretion contemplated by the statute was absolute or qualified. … Alliason ( 16 Pet., 291 ), it is said— “that the Secretary of War is the constitutional organ of the President for the administration of the military establishment of the nation and orders promulgated through him must be

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

18 Cl. Ct. 816 · United States Court of Claims · Nov 17, 1989

Temporal association alone establishes legal causation for a Table injury. Temporal association of the onset of injury with the vaccination is not sufficient, however, to establish causation in fact. Hasler v. … White from interpreting the test results, but established David’s sensitivity to infection. Tr., at 95. Indeed Dr.

Eager v. United States

32 Ct. Cl. 571 · United States Court of Claims · Nov 1, 1897

The petition shows that the plaintiff was an acting inspector of customs at said port, duly appointed and qualified, and at the time mentioned was regularly assigned to receive and deliver unappraised and imported merchandise … After all such deductions have been made, informers whose claims have been clearly established will be awarded 25 per centum and detectors and seizors will be awarded 85 per centum of such net proceeds, except where, in special

Acme Process Equipment Co. v. United States

347 F.2d 509 · United States Court of Claims · Jun 11, 1965

What we have is a factual decision by the Board ‘based on its acceptance of the testimony of one apparently qualified expert witness over another. … In addition, the group’s agency for Acme clearly lacked stability.

Massachusetts ex rel. Department of Public Welfare v. United States

15 Cl. Ct. 73 · United States Court of Claims · Jun 13, 1988

. §§ 1396 -1396s, establishes the Medicaid program. … Clearly, this relationship bears little resemblance to a partnership.

Diliberti v. United States

2 Cl. Ct. 404 · United States Court of Claims · Apr 29, 1983

Clearly, the grant or denial of plaintiff’s requested injunctive relief was in the district court judge’s discretion. … This court’s opinion is established on res judicata; it is one which bars further adjudication of plaintiff’s claim.

Northern Illinois Gas Co. v. United States

12 Cl. Ct. 84 · United States Court of Claims · Mar 25, 1987

. § 553 (1982), establishes a set of procedural requirements applicable to agency rulemaking that is legislative in nature. … The IRS merely ruled that utility *88 trucks with pintle hooks qualified as “equipped for use” in combination with trailers.

Amshey v. United States

26 Cl. Ct. 582 · United States Court of Claims · Jun 30, 1992

The employer clearly has the burden of establishing a claimed exemption. 36 This burden requires the employer to prove each element of a claimed executive or administrative exemption. 37 With the departure in the 1974 amendments … This section included the following: Numerous judicial precedents have firmly established the principles that: (1) FLSA exemptions must be narrowly construed and applied only to employees who are clearly within the terms