Case law

Missouri Baptist Hospital v. United States

555 F.2d 290 · United States Court of Claims · Apr 20, 1977

Cedars Realty & Development Corp., supra at 186, n.3, for example, the terms of the lease clearly provide that *513 the lessee would be responsible for the costs of repair. … The qualified appraiser, deceased at the time of trial, was of the opinion the property had a fair market value of $1,200,000.

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

18 Cl. Ct. 646 · United States Court of Claims · Nov 7, 1989

Temporal association alone establishes legal causation for a Table injury. Temporal association of the onset of injury with the vaccination is not sufficient, how *651 ever, to establish causation in fact. Hasler v. … I think there is concern about launching into a new immunization area. 132 Cong.Rec. S 17348 (daily ed. Oct. 18, 1986). . The legislative history expressly states this intent.

Hughes Transp., Inc. v. United States

121 F. Supp. 212 · United States Court of Claims · May 4, 1954

But unless they do, the established legal *230 rate applies. … R. 774, the imposition of a state license tax upon an Illinois corporation qualified to transact business in Virginia, was upheld by the court where a substantial part of the corporation’s work on a construction contract

Bendix Corp. v. United States

600 F.2d 1364 · United States Court of Claims · Jun 13, 1979

The evidence establishes that the 1307 fuel control (in the J-79 engine) uses the same parameters as Mock. … Defendant suggests that the test for a reduction to practice should be whether "persons qualified in the art are willing to manufacture and sell the invention, as it stands,” paraphrasing Sinko Tool & Mfg. Co. v.

Willett v. United States

406 F.2d 1346 · United States Court of Claims · Feb 14, 1969

The fact that the Willetts did not discourage inquiries about the purchase of their interests in the partnership during the period they were preparing to incorporate and begin the case goods business seems to us clearly outweighed … II Plaintiffs have also established that Wildwood “did some business in the ordinary meaning.” National Investors Corp. v. Hoey, 144 F. 2d 466, 468 (2d Cir. 1944).

Pacific Technica Corp. v. United States

33 Cont. Cas. Fed. 74,930 · United States Court of Claims · Dec 22, 1986

Defendant’s proof neither establishes a credible prima facie sale one year before the application of the sabot patent, nor establishes that the alleged sale was for profit. … It is well established that merely changing the size of a device is not an invention.

Gifford v. United States

23 Cl. Ct. 8 · United States Court of Claims · Apr 18, 1991

The BOI clearly never addressed the issue of substandard performance for which plaintiff was ultimately discharged. … Restrictions on Disposition: (1) Punitive action is not to be taken against personnel solely because of their failure to qualify or to remain qualified under this program.

Life Insurance Co. of Georgia v. United States

650 F.2d 250 · United States Court of Claims · May 20, 1981

The Court held in each of these cases that the taxpayers’ method of accounting was improper because it did not clearly reflect income. … The accounting procedures established by the NAIC apply if they are not inconsistent with the rules of accrual accounting.

Penker Construction Co. v. United States

96 Ct. Cl. 1 · United States Court of Claims · Feb 2, 1942

This clearly indicates,.it seems to us, that concealed radiation was to be installed at these places, but if there was • any doubt in the contractor’s mind about whether or not • this was so, it was its duty to take the matter … , 563 , the court said: * * * It is true that there was uncertainty as to the extent of the damage, but there was none as to the fact of damage; and there is a clear distinction between the measure of proof necessary to establish

Beauchamp Construction Co. v. United States

34 Cont. Cas. Fed. 75,453 · United States Court of Claims · Mar 8, 1988

The clause is qualified, however, in that the adjustment for compensable delay is unavailable to the contractor to the extent that other causes, attributable to said contractor, would have simultaneously suspended, delayed … Id. *439 The reasoning in Chaney is clearly supported by the well-recognized rule fixing responsibility on the government for its specifications. La Crosse Garment Mfg. Co. v.

Bell Intercontinental Corporation v. The United States

381 F.2d 1004 · United States Court of Claims · Jul 20, 1967

United States, supra, note 4, on which defendant places emphasis, is clearly distinguishable from the situation here. … The amount received under an option agreement qualifies for capital gains treatment in the year the option is exercised, provided that the transaction otherwise qualifies for such treatment.

Luria Brothers & Company, Inc. v. The United States

369 F.2d 701 · United States Court of Claims · Dec 16, 1966

The language of the release clearly waives any claim for any overhead not ‘in the field’ which can only mean the job site. * * * ” We are of opinion that the trial commissioner was in error in finding that plaintiff was not … The releases may be qualified to indicate the extent to which the release is given.”

Transamerica Corp. v. United States

15 Cl. Ct. 420 · United States Court of Claims · Aug 31, 1988

There is no dispute that the Library qualifies as a donee under I.R.C. § 170. … Defendant acknowledges that some of the photographs qualify as artistic compositions.

Snell v. United States

168 Ct. Cl. 219 · United States Court of Claims · Nov 13, 1964

His *223 efficiency reports for that period indicate that he was in good physical condition and physically qualified for the performance of his duty. … The reports reflect such comments as “physically qualified”, “in excellent physical condition”, and “no physical defects noted”.

Jupiter Corp. v. United States

2 Cl. Ct. 58 · United States Court of Claims · Jan 26, 1983

The record clearly establishes that plaintiff paid substantially less for Elgin stock than the adjusted basis of the Elgin property plus the value of Elgin’s tax loss carryovers. … The testimony, which is deemed credible, of all parties involved clearly supports this finding. This well established intent serves to carry the day for plaintiff. See Otey v.

Great Northern Railway Co. v. United States

178 Ct. Cl. 226 · United States Court of Claims · Jan 20, 1967

As shown in the findings, both of these men are eminently qualified in the ordnance field, and the latter also is highly qualified with respect to matters involving the transportation of military ordinance. Dr. … See footnote 3 to finding 3(e), infrcij which clearly shows that plaintiff’s petition herein was timely filed.

Southern Pacific Co. v. United States

59 Ct. Cl. 36 · United States Court of Claims · Jan 7, 1924

We are very willing to give the plaintiff any finding to which it may be entitled and prefer to err through liberality rather than otherwise, but we do not find that this witness qualified himself to testify as to the understanding … Nor could the claimant create for itself any right by attempted departure from established methods.

Essen Mall Properties v. United States

36 Cont. Cas. Fed. 75,942 · United States Court of Claims · Sep 17, 1990

began discussions with the Postal Service in November 1985 concerning the Baton Rouge project, at which time plaintiff was told that its newly-constructed shopping mall (Essen Mall) was located in the geographical area thus qualifying … Such activities clearly indicate that, as of early March 1986, there was no agreement to lease.

Keco Industries, Inc. v. United States

492 F.2d 1200 · United States Court of Claims · Feb 20, 1974

Presumably, a show *576 ing that there was clearly no reasonable basis for the official action would be enough. … Not every regulation is established for the benefit of bidders as a class, 'and still fewer may create enforceable rights for the awardee’s competitors. Cf. Chris Berg, Inc. v. United States, 192 Ct.

Taylor v. United States

192 Ct. Cl. 581 · United States Court of Claims · Jun 12, 1970

The evidence clearly shows that the injury was incurred in service and not in an automobile accident prior to reentering service. … The evidence in this case clearly establishes that at the time of his release from active duty on May 28,1962, plaintiff was permanently incapacitated for active military duty, that his disability should have been rated at