Case law

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

Shaw v. United States

622 F.2d 520 · United States Court of Claims · Apr 30, 1980

On the merits, defendant insists pertinent regulations clearly gave the Commissioners authority to reopen plaintiffs case. Defendant emphasizes probationary employees have very limited rights. … The Commission [now the Office of Personnel Management (OPM)] is certainly well qualified to assess whether an employee is a probationary employee or has duly completed the probationary period.

Mitchell v. United States

13 Cl. Ct. 474 · United States Court of Claims · Oct 30, 1987

The statute is jurisdictional — that is to say, it signifies a time-limited waiver of sovereign immunity —and, for that reason, must be narrowly defined. United States v. … In this connection, we note that the General Timber Sale Regulations issued by the BIA, which were attached to and made a part of the Taholah and Crane Creek contracts, clearly identified that “cash deposits in advance of

McCarthy v. United States

7 Cl. Ct. 390 · United States Court of Claims · Feb 12, 1985

These incidents also precipitated the establishment of an Unfavorable Information File for plaintiff. … The selection process should ensure that the best qualified officers are promoted to positions of responsibility and authority.

SNAKE OR PIUTE INDIANS, ETC. v. United States

112 F. Supp. 543 · United States Court of Claims · Jun 2, 1953

The Huntington report of December 22, 1868, referred to briefly by the Commission in finding 5, seems clearly to indicate that the establishment of a reservation, later known as the Malheur Reservation, had a very definite … Wilbur, then Indian Agent at Yakima, informed the Commissioner of Indian Affairs (Claimant’s Exhibit 18) that upon learning that the permission granted to the Piutes at Yakima to return to the Malheur Reservation was qualified

Chester v. United States

199 Ct. Cl. 687 · United States Court of Claims · Oct 13, 1972

Neither the literal language of the 1963 act nor its legislative history answers that question clearly and definitively. … Parenthetically, the “first became qualified” aspect of the matter Is not directly involved here.

Essex Electro Engineers, Inc. v. United States

31 Cont. Cas. Fed. 71,391 · United States Court of Claims · Aug 12, 1983

When unsolicited, literature accompanying a bid is ignored unless it is clear that the bidder intended the literature to qualify its bid. … The authorities less clearly define the duty of a contracting officer if a responsiveness question arises not from the bid itself, but from literature supplied by another bidder or obtained at the agency’s initiative.

Bakertown Coal Co. v. United States

485 F.2d 633 · United States Court of Claims · Oct 17, 1973

In return for a tonnage royalty subject to a qualified monthly minimum, Bakertown and Lester acquired the right to mine unlimited quantities of coal from designated areas. 2. … For the reasons which are so clearly stated in Paragon, we think that the mining contract cases cited by defendant are clearly distinguishable from the case at bar.

Delco Electronics Corp. v. United States

35 Cont. Cas. Fed. 75,679 · United States Court of Claims · Jun 23, 1989

The demands of the revisions to the fuel panel clearly exceeded the requirements for the design and production of the system under the original contract. … The Air Force’s changes also clearly exceeded the original demands of the contract.

Iowa-Wisconsin Bridge Co. v. United States

84 F. Supp. 852 · United States Court of Claims · Jul 11, 1949

If the Government is immune from liability for damage to a structure erected in the main channel it must necessarily follow on principle that it is immune from liability for damage to a structure erected over one of the other … In such a case I do not think the finding of the commissioner should be set aside unless the preponderance of the testimony is clearly against the finding. The court has not seen the witnesses.

Janowsky v. United States

37 Cont. Cas. Fed. 76,148 · United States Court of Claims · Aug 6, 1991

If the statute is unambiguous, the court’s inquiry ends “unless there is a clearly expressed legislative intention contrary to the language of the statute itself.” Id. … United States, 338 U.S. 1, 5-7 , 69 S.Ct. 1434, 1437-38 , 93 L.Ed. 1765 (1949) (taking of private laundry facilities for use of military and resulting loss of customers on established trade routes compensable under Fifth

Southern Natural Gas Company v. The United States

412 F.2d 1222 · United States Court of Claims · Jun 20, 1969

Accordingly, it had no established or readily ascertainable market value or price. … But that, clearly, is neither the ordinary meaning of the term nor the sense in which the section of the Code relied upon uses it.

Industrial Uranium Company v. The United States

376 F.2d 868 · United States Court of Claims · May 12, 1967

Section 5(b) (5) of the Act authorized it to “establish guaranteed prices for all source materials delivered to it within a specified time.” … It always felt (as the trial commissioner found) that it had the right to obtain the guaranteed price for qualified ore (including the vanadium factor) either from the licensed private mills or directly from the A.E.C.

Marks v. United States

24 Cl. Ct. 310 · United States Court of Claims · Oct 10, 1991

To do this, we must establish: (i) whether a valid sales contract was formed between Mr. … This is clearly true since the agreement between the USMS and Mr. Marks did not form a valid contract.

Georgia-Pacific Corp. v. United States

640 F.2d 328 · United States Court of Claims · Dec 17, 1980

Mater was deemed qualified to express opinions in the area of forest products facilities such as sawmills and pulpmills. … That report, fairly read, would clearly support tractor logging in a clear-cut fashion of sensitive areas 1, 2, and 3.

McCarron v. United States

12 Cl. Ct. 582 · United States Court of Claims · Jul 2, 1987

Defendant contends in its cross motion for summary judgment that at the time plaintiff retired, he was required to accumulate a total of 30 years of active service, with satisfactory performance, to qualify for a retirement … This statute clearly required an Army warrant officer who retired in 1980, although eligible to retire after 20 years, to have completed 30 years of total service in order to be advanced on the retired list, for retirement

Fabing v. United States

18 Cl. Ct. 769 · United States Court of Claims · Nov 29, 1989

Standard of Review The standard of review in military pay cases is well established. … The plaintiff observes that the Air Force’s regulations require that where a condition is clearly listed, the BCMR cannot assign a rating lower than that provided in the VAC for the specified condition, and may not rate by

Southwest Welding & Manufacturing Company v. The United States

413 F.2d 1167 · United States Court of Claims · Jul 16, 1969

They established, in effect, the performance standard to which the contractor was obliged to adhere. … And the ultrasonic test was itself a more rigorous test and established a higher standard than any imposed by the contract.

Burt v. United States

199 Ct. Cl. 897 · United States Court of Claims · Nov 16, 1972

It was at one of the checkpoints established to control passage through 'the neutral zone that the tragedy underlying the present reference occurred. … Assessed by these standards, the evidence in the present record falls short of establishing an equitable claim under 28 U.S.C. § 2509 (c).

Blair ex rel. Roanoke Marble & Granite Co. v. United States

99 Ct. Cl. 71 · United States Court of Claims · Oct 5, 1942

Under the facts so established and set forth in the findings, and under the well-established principles of law herein-before mentioned, the plaintiff is entitled to recover as damages the actual increased costs and expenses … accordance with, the provisions of the contract, was unable to supply skilled mechanics for reinforcing steel work but that office was able to and did supply workers who had had sufficient experience in this type of work to qualify