Case law

Pathman Construction Co. v. United States

33 Cont. Cas. Fed. 74,394 · United States Court of Claims · May 30, 1986

There is simply no rational basis to apply § 609(a)(1) to allow suit and reject § 609(a)(3) to establish the time required to bring suit. … These cases are expansive and ignore that the CDA grants a limited waiver of sovereign immunity and must be construed strictly. Soriano v.

Muse v. United States

13 Cl. Ct. 372 · United States Court of Claims · Sep 30, 1987

The SRB certainly qualifies as an “effective administrative remedy afforded [plaintiff] by existing ... regulations.” … This rating must also be justified by comments, clearly illustrative of the rated officer’s superiority to contemporaries, in Part Vila....’’ .

Massachusetts Mutual Life Insurance v. United States

5 Cl. Ct. 581 · United States Court of Claims · Jun 8, 1984

DISCUSSION It is well established that deductions are not matters of right but of legislative grace. Commissioner v. … Provisions for the deduction of income are to be strictly construed, and the statutory language must clearly provide for their allowance.

Texas State Commission v. United States

6 Cl. Ct. 730 · United States Court of Claims · Nov 26, 1984

In its place an income-sharing formula was established. … Unless Congress has clearly indicated a contrary meaning, its ordinary meaning is favored. United States v. Snider, 502 F.2d 645, 651 (4th Cir.1974).

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

Florida Rock Industries, Inc. v. United States

21 Cl. Ct. 161 · United States Court of Claims · Jul 23, 1990

In brief, plaintiff’s expert, with the assistance of a well-qualified statistician and an experienced real estate market researcher, employed a statistical analysis of a census of property holders in the region to determine … Additionally, the court has considered the method adopted by Chief Judge Kozinski in determining this value and finds that it is not clearly erroneous.

Thomas Crawley Davis and Grace Ethel Davis v. United States

287 F.2d 168 · United States Court of Claims · Mar 1, 1961

Morford’s advice was directed to plaintiff’s tax problems, and in order to qualify for a deduction, we think the attorneys’ fees must be directly and only connected with the taxpayer’s estate. … Halliwell, 2 Cir., 1942, 131 F.2d 642 , certiorari denied 319 U.S. 741 , 63 S.Ct. 1029 , 87 L.Ed. 1698 , the increment in value was clearly taxable gain.

J. Parr Construction & Design, Inc. v. United States

37 Cont. Cas. Fed. 76,167 · United States Court of Claims · Sep 5, 1991

The evidence clearly tells the story of a contractor who was unable to adequately perform the job. … The evidence also clearly shows that the government got nothing of value from the contractor’s performance.

Philip B. Thompson v. The United States

405 F.2d 1239 · United States Court of Claims · Jan 24, 1969

On August 8, 1949, plaintiff was given an examination for active duty in the Officers Reserve Corps and was found physically qualified. … To establish chronic disease in service, chronicity and the disease entity must be established by adequate observation and study at that time. Otherwise, evidence of continuity is necessary to support the claim.

Pocono Pines Assembly Hotels Co. v. United States

73 Ct. Cl. 447 · United States Court of Claims · Jan 18, 1932

subject to its final legislative action; in the class of cases under the proviso of sections 145 and 151 of the code the Government does expressly consent to be sued, divests itself pro tcmto *492 of its sovereign rights of immunity … A thing may well be -tfdthin the letter of a law and clearly not within the legislative intent.

Bradshaw v. United States

16 Cl. Ct. 17 · United States Court of Claims · Dec 1, 1988

Bradshaw entitled to, or qualified for, VA Hospitalization, without cost, when medically required, for the rest of his life. … The contract in question clearly was intended to benefit G. Bradshaw and to insure that he would be provided with medical care and services, as needed, throughout his lifetime.

Greene v. Secretary of the Deptartment of Health & Human Services

19 Cl. Ct. 57 · United States Court of Claims · Dec 14, 1989

V 1987), which establishes a program for payment of compensation for injuries or deaths resulting from the administration of vaccines. … Thoman is qualified to testify as an expert on medical issues involving vaccines. . Petechia is defined as "a pinpoint, nonraised, perfectly round, purplish red spot caused by intradermal or submucous hemorrhage."

Everett Plywood & Door Corp. v. United States

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

It was stated that to qualify for oral bidding, each bidder had to submit a sealed bid to be posted at the commencement of the auction. … Each such party had a compass man and a person deemed qualified as a cruiser, with the latter compiling the data on which the estimates were made.

Taylor v. United States

150 F. Supp. 567 · United States Court of Claims · May 8, 1957

Since, however, the highest liquidated damage provision that defendant included in any of its requests for bids was $50,000, and since subsequent events clearly showed that defendant was fortunate in the fact that no sale … Louis, Missouri, was held not to qualify because it was for only a part of Plancor 1672. No bid deposit had been submitted with the Hill offer. 17.

Monroe Garment Co. v. United States

488 F.2d 989 · United States Court of Claims · Dec 19, 1973

Issues of the quantum of damages that may be owed to plaintiff, if any, and the equitable adjustments due to the Government under the contract remain to be resolved. 3 Plaintiff does not qualify for a separate judicial trial … MIL-S — 4956C(USAF) (Jan. 28, 1966), the shirt specification, establishes quality assurance controls.

Citizen Band of Potawatomi Indians v. United States

391 F.2d 614 · United States Court of Claims · Apr 14, 1967

In later treaties and/or treaty negotiations, the United States clearly recognized the fact that the United Nation continued to claim the lead lands within Boyce Area 147. … His view, as quoted, was more than a statement of what the President ought to do under the treaty; it was an opinion he was well-qualified to give, as to what the treaty meant.

Ricker v. United States

115 F. Supp. 193 · United States Court of Claims · Oct 6, 1953

Only qualified ship wreckers, having adequate equipment for wrecking on the West Coast will be cbn- *470 sidered. … The above section (1) subject to and qualified by section (1) of Exhibit A hereto attached. * * * * * 22. The bidder will supply the following information.

Transtechnology Corp. v. United States

36 Cont. Cas. Fed. 75,953 · United States Court of Claims · Oct 12, 1990

Plaintiff has not established five additional hours, however. … Although there was clearly injury, there was also a better way to both calculate and present damages.

Ray Consolidated Copper Co. v. United States

59 Ct. Cl. 686 · United States Court of Claims · May 19, 1924

The plaintiff insists that the fair average value of its shares of stock “ based upon bona fide transactions on a large scale in the open market establishes the value of its capital stock for the purpose of the tax,” the … In excise taxing statutes where there are no qualifying terms indicative of an express limitation of the term “ capital stock ” the ambiguity thus arising is resolvable only by recourse to the usual and elementary principles

Orino v. United States

77 F. Supp. 938 · United States Court of Claims · Jun 1, 1948

Station 28+24 is there clearly and definitely designated as the upper extremity of the work. … Plaintiff argues, however, that in view of the words “except as otherwise herein provided”, which qualify this provision, the contractor was entitled to expect that payment for such work would be paid for as a matter of course