Case law

Chisholm v. United States

149 Ct. Cl. 8 · United States Court of Claims · Feb 3, 1960

This board also affirmed the rating. This 'board consisted of three members, one named by the agency, one by the employee, and one by the Civil Service Commission. … The Court of Appeals for the.District of Columbia so held in Thomas v. Ward, 225 F. 2d 953 . The holding is clearly correct.

Forshew v. United States

151 Ct. Cl. 597 · United States Court of Claims · Dec 1, 1960

This is in accord with prior decisions of the court in Hamrick v. United States, 120 Ct. Cl. 17 ; Thomas v. United States, 123 Ct. Cl. 507 ; Ramsey v. United States, 123 Ct. Cl. 504 ; Frame v. United States, 124 Ct. … See Robertson v. Chambers, 341 U.S. 37 . Plaintiff, relying on Register v. United States, 131 Ct.

Emerson-Sack-Warner Corporation v. The United States

416 F.2d 1335 · United States Court of Claims · Oct 17, 1969

In concluding that the doctrine of accord and satisfaction precluded plaintiff, the Board “was in error, as a matter of law * * H. L. C. & Associates Constr. Co. v. United States, supra; cf. Corbetta Constr. Co. v. … “The Board will have to make the determination, either on the present record or after further evidence is produced.” Bell v.

Allin v. United States

147 Ct. Cl. 459 · United States Court of Claims · Nov 4, 1959

Allin, Infantry, formerly classified as qualified for temporary limited service, be retained on temporary limited service; however, in accordance with the provisions of Section V, Par 6 d, WD Circular 313, dated 12 October … The Consultant makes a diagnosis of atrophy, musculature, left shoulder girdle, mild, and recommends that he be placed on six months’ temporary limited service; however, in accordance with the provisions of Section V, Par

Palmer v. United States

6 Cl. Ct. 541 · United States Court of Claims · Nov 14, 1984

Bockoven v. Marsh, — U.S. -, 105 S.Ct. 245 , 83 L.Ed.2d 183 (1984). … The 1976 lieutenant colonel, AUS, selection board had 15 members, two of whom (or 13.3 percent) were Reserve officers. Some 33.1 percent of the officers that selection board considered were reserves. . Teeter v.

Hazan v. United States

13 Cl. Ct. 66 · United States Court of Claims · Aug 27, 1987

In those cases where releases have been held not to bar additional claims, either the plaintiffs had two claims and the release of one claim did not release the other, Hiett v. … By accepting the relief recommended by the Board, the plaintiff has released his claim for the relief denied by the Board. Pilgreen v. United States, 231 Ct.Cl. 903, 905 (1982).

Dittmore-Freimuth Corp. v. The United States

390 F.2d 664 · United States Court of Claims · Feb 16, 1968

Co. v. United States, supra, and River Constr. Corp. v. United States, supra. … Where two versions of the facts are equally probable, this court would normally be constrained to favor the version accepted by the Board. Williamsburg Drapery Co. v.

Jamison v. United States

9 Cl. Ct. 297 · United States Court of Claims · Dec 19, 1985

Friedman v. United States, 159 Ct.Cl. 1 , 310 F.2d 381 (1962), cert. denied sub. nom. Lipp v. United States, 373 U.S. 932 , 83 S.Ct. 1540 , 10 L.Ed.2d 691 (1963); Skopic v. … United States, 178 Ct.Cl. 202, 203 (1967); Miller v. United States, 175 Ct.Cl. 871, 879 , 361 F.2d 245, 249 (1966); Caravella v. United States, 9 Cl.Ct. 280 (1985); Stone v. United States, 4 Cl.Ct. 250, 259 (1984).

Tuttle/White Constructors, Inc. v. United States

656 F.2d 644 · United States Court of Claims · Jul 29, 1981

plaintiff made no effort either to clarify its position by advising the board within 90 days that it objected to the board’s treatment of its notice or that it desired to proceed under the act, but before the board. … Coil v. United States, 227 Ct.Cl. 595 (1981). 41 U.S.C. § 606 (Supp. II 1978). 41 U.S.C. § 609 (a)(1) (Supp. II 1978).

Cosmic Construction Co. v. United States

32 Cont. Cas. Fed. 72,529 · United States Court of Claims · May 21, 1984

On those facts, the board declined to exercise its discretion to waive the late filing of the appeal as permitted by Maney Aircraft Parts, Inc. v. United States. 5 It further holds that: ... … Defendant relies on the decisions in Tuttle/White Constructors, Inc. v. United States, 8 Z.A.N. Company v. United States, 9 and Santa Fe Engineers, Inc. v.

Frame v. United States

124 Ct. Cl. 557 · United States Court of Claims · Mar 3, 1953

Plaintiff, after having appeared before a reconvened Army Retiring Board, appealed to the Secretary of the Army’s Disability Review Board which found that his disability was incident to service and existed at the time of … The case is governed by the principles laid down in Womer v. United States, 114 C. Cls. 415 , and in Hamrick v. United States, 120 C. Cls. 17 .

Derrick Electric Co.

618 F.2d 122 · United States Court of Claims · May 18, 1979

Cl. 607, 614 , 558 F. 2d 985, 989 (1977), which states: * * * Where the board’s findings are made in a case within its jurisdiction, the reasoning of S&E Contrac *677 tors, Inc. v. … On the other hand, where the board conducts a proceeding beyond its jurisdiction, its findings of fact therein are advisory only, see United States v. Utah Constr. & Min.

Jouett v. United States

28 Ct. Cl. 257 · United States Court of Claims · Apr 10, 1893

(Swaim v. The U. S., ante.) … The case of Marbury v.

Charles C. Harper v. The United States

310 F.2d 405 · United States Court of Claims · Jan 11, 1963

In these circumstances, his suit was timely under the rule, previously applied in Proper v. United States, 154 F.Supp. 317 , 139 Ct.Cl. 511 , and Patterson v. … See, also, Stanley Weiner v. United States, 148 Ct.Cl. 445 .

A.B.G. Instrument & Engineering, Inc. v. United States

593 F.2d 394 · United States Court of Claims · Feb 21, 1979

’s favor, S&E Contractors, Inc. v. … Co. v. United States, 204 Ct. Cl. 726 , 499 F.2d 639 (1974). That condition has not been met here.

Mel Williamson, Inc. v. United States

29 Cont. Cas. Fed. 82,195 · United States Court of Claims · Feb 2, 1982

Marley v. United States, 191 Ct. Cl. 205, 214 , 423 F.2d 324, 329 (1970); Dean Constr. Co. v. United States, 188 Ct. Cl. 62 , 67-68, 411 F.2d 1238, 1241 (1969). … We sustain the board’s finding.

Bell Aircraft Corp. v. United States

100 F. Supp. 661 · United States Court of Claims · Oct 2, 1951

In the case of James Stewart & Co., v. … In the case of Wunderlich v.

Wales v. United States

145 Ct. Cl. 113 · United States Court of Claims · Feb 11, 1959

It appears that said Board again found plaintiff fit for military duty as of January 20, 1950, in accordance with the conclusion of the Physical Evaluation Board. After carefully considering the former case of Wales v. … Cromwell v. County of Sac, 94 U. S. 351 ; Commissioner v. Sunnen, 333 U. S. 591 .

Morderosian v. United States

228 Ct. Cl. 826 · United States Court of Claims · Jul 31, 1981

Huff v. United States, 216 Ct. Cl.383, 385 (1978). … Sanders v. United States, 219 Ct. Cl.285, 298, 594 F.2d 804, 811 (1979). Plaintiff has not shown that the Correction Board’s decision was improper.

Jackson

578 F.2d 1388 · United States Court of Claims · Feb 9, 1978

Jackson v. Secretary of U.S. Air Force, D.D.C. … 1948 discharge (see, e.g., Eurell v.