Case law

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).

Western Empire Constructors, Inc. v. United States

36 Cont. Cas. Fed. 75,878 · United States Court of Claims · Jun 13, 1990

“Relocate” means to locate again, to establish or lay out in a new place, to move to a new location. Webster’s New Collegiate Dictionary 977 (8th ed.1975). … The VA therefore had no affirmative duty to reaffirm what the contract clearly revealed. CONCLUSION The contract obligated plaintiff to lower the existing switches to 40" above the floor.

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.

Alta Verde Industries, Inc. v. United States

18 Cl. Ct. 595 · United States Court of Claims · Nov 15, 1989

Claims are frivolous when they fail to satisfy each of the elements required to establish jurisdiction. See also, Levering & Garrigues Co. v. … The facts made available to the court and described herein establish that plaintiffs clearly fail to meet their jurisdictional burden under the Tucker Act.

John B. Lambert & Associates-Cleveland Agency, Inc. v. United States

212 Ct. Cl. 71 · United States Court of Claims · Nov 17, 1976

Clearly, that is not the law. United States v. Donruss Co., supra, 393 U.S. at 309 . … Lambert upon the redemption of her shares would then qualify as long-term capital gain.

Lipp v. United States

157 Ct. Cl. 197 · United States Court of Claims · Apr 4, 1962

He was found to be physically qualified for active service except for a deficiency of a quarter of an inch in height, which was waived. … basis for review has not been established.

Sun First National Bank of Orlando v. United States

607 F.2d 1347 · United States Court of Claims · Oct 17, 1979

Clearly, the fact that Mrs. … This is contrary to the well-established principles of trust law.

Cochran v. United States

1 Cl. Ct. 759 · United States Court of Claims · Mar 16, 1983

There is no requirement at the accused’s appearance for the commander to present evidence to establish the commission of the offense or offenses. Id. … This clearly is incompatible with the nature of the nonjudicial proceeding contemplated by the statute.

Stevens Park Osteopathic Hospital, Inc. v. United States

633 F.2d 1373 · United States Court of Claims · Sep 10, 1980

Plaintiff, Stevens Park Osteopathic Hospital, Inc., is located in Dallas, Texas, and is a qualified provider of medical services under Part A of the Medicare Plan, 42 U.S.C. §§ 1395 et seq., (the “Medicare Act”), and, thus … Thus, 20 C.F.R. §405.427 (c)(2) clearly dictates that in a transaction between related organizations for the purchase of facilities, it is the seller’s cost of the assets that is the basis for the buyer’s depreciation expense

Mille Lac Band of Chippewas v. United States

47 Ct. Cl. 415 · United States Court of Claims · May 6, 1912

The question of Indian policy is a political one, immune from the action of the courts. (Cherokee Nation v. Hitchcock, 187 U. S., 294 ; Lone Wolf v. Hitchcock, 187 U. S., 553 .) … No mere license to fish and hunt was conferred upon the Mille Lac Indians by article 12 of the treaty of 1864; if so, the language used would have clearly expressed the same.

Engle Investors v. United States

35 Cont. Cas. Fed. 75,757 · United States Court of Claims · Nov 27, 1989

Generally, the damage provisions of the defaulted contract should control and not the damage provisions of a later contract unless there is a clearly established basis for doing otherwise. … Both parties provide affidavits and/or declarations that establish quite clearly that there is a dispute about a material issue of fact, i.e., the reasonableness of the resale price.

Loftis v. United States

76 F. Supp. 816 · United States Court of Claims · Apr 5, 1948

This is clearly erroneous. … subsurface muck excavation and rehandling work, as computed by plaintiff from his books and from time cards and other detail cost data, is supported by the impartial and uncontradicted testimony of a number of experienced and qualified

United States v. Pueblo de Zia

474 F.2d 639 · United States Court of Claims · Feb 16, 1973

Comm. 131 (1962), the Commission found that the three pueblos had failed to establish aboriginal use and occupancy title to the 520,000 acre tract. … Not all “money or property given to or funds expended gratuitously for the benefit of the claimant” properly qualify as an offset under the Act.

Central Pacific Railroad v. United States

21 Ct. Cl. 180 · United States Court of Claims · Mar 1, 1886

“This deduction, we think, is clearly demonstrated by the words of the fifth section of the act of 1862, which creates the Government lieu for the payment of the subsidy bonds. “ Those words are that ‘ the issue of said bonds … That is, the word “ whole,” like the word “all” in the act of 1862, and the words “ one-half” in the act of 1864 may be held to qualify “compensation” and not “services.”

Solar Turbines, Inc. v. United States

38 Cont. Cas. Fed. 76,409 · United States Court of Claims · Sep 25, 1992

But, as explained above, plaintiff has failed to prove that the Navy had established such an intent. XVI. … Prior to trial, Assistant Secretary Paisley pled guilty and thereafter plaintiff requested that the government grant Assistant Secretary Paisley immunity for trial testimony in this action.

Dan D. Diamond v. The United States

427 F.2d 1246 · United States Court of Claims · Jun 12, 1970

While recognizing the well-established rule that civilian earnings must be “set off” in mitigation of the amount otherwise due plaintiff (see Motto v. … It seems to have little bearing on the question of what plaintiff would have done had he been reenlisted as a master sergeant in the Army, an action to which he was clearly entitled. 3 . In Merson v.

Barclay v. United States

166 Ct. Cl. 421 · United States Court of Claims · Jun 12, 1964

Yarbrough, supra, as establishing property rights in such cases. … Quite clearly, he was interested in the enterprise equally with DaM.

Hebah v. United States

456 F.2d 696 · United States Court of Claims · Mar 17, 1972

All of these elements emerge clearly from the record, almost entirely through uncontroverted testimony. … Only in those instances where there are no qualified Indians available does the Superintendent feel that he is permitted to appoint a qualified non-Indian to the tribal police force. 14.

West Coast University v. United States

162 Ct. Cl. 310 · United States Court of Claims · Jul 12, 1963

What agency was better equipped or better qualified to pass on this question than the Internal Revenue Service ? … The record clearly establishes that (1) the VA by regulation 7 made specific provision for payment of interest as a part of the administrative expense, and (2) the VA formulated and followed a firm, unpublished, policy of

Monfore v. United States

214 Ct. Cl. 705 · United States Court of Claims · Jul 8, 1977

It has been held that, although business-like management and efforts to improve a property do not, of themselves, establish a profit motive, Schley v. … Plaintiffs here made only minimal efforts to establish a resort reputation and made no attempt at formal advertising in the years at issue.