Case law

Levernier Construction, Inc. v. United States

36 Cont. Cas. Fed. 75,957 · United States Court of Claims · Oct 30, 1990

A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such … The consultant’s statement clearly runs afoul of this basic rule, which ensures that when the court is required to make a determination of recoverable fees and expenses, it has an appropriate and detailed record from which

Chayra v. United States

23 Cl. Ct. 172 · United States Court of Claims · May 17, 1991

On March 23, 1987, after a review of all relevant evidence and documents, the BCNR “found that the evidence submitted was insufficient to establish probable material error or an injustice.” … Based on this provision of the DEM, plaintiff contends that the CPEB and the RPEB were misled into relying on the unacceptable opinions of the investigating officer, which should have been qualified by the later endorsements

Grant Associates, Inc. v. United States

11 Cl. Ct. 816 · United States Court of Claims · Feb 27, 1987

Boykin; whether the time after June 20, 1983 qualified for coverage is at issue, involving approximately $63,000. Mr. … At issue is whether the period after August 29, 1983 qualified for a waiver of the sixty-day limitation, involving approximately $9200. Pri- or to his admission, Mr.

St. Louis & Mississippi Valley Transportation Co. v. United States

33 Ct. Cl. 251 · United States Court of Claims · Mar 21, 1898

The matter of negligence being- thus submitted, qualified only as to how it must be made to appear, the last proviso invested the plaintiff with all such rights as existed at common law in determining liability in cases of … In such cases the law will not hold the pilot of the tow guilty of fault unless his seamanship was clearly unskillful. {The Favorita, 18 Wall., 603 .)

General Dynamics Corporation v. The United States

324 F.2d 971 · United States Court of Claims · Nov 15, 1963

To conclude otherwise would produce an absurd and harsh result which clearly would do violence to the intended purpose of the statute. 20 Plaintiff's motion for summary judgment is granted, and defendant's cross-motion is … This credit has a social and governmental, not a revenue, purpose; it was designed to foster the establishment and utilization of state unemployment compensation programs by drastically reducing the federal unemployment tax

Levy v. United States

125 Ct. Cl. 145 · United States Court of Claims · Apr 7, 1953

It is not established by the evidence that plaintiff was ever assigned to any of the divisions named in the preceding paragraph. … You came to me to ask about a position in the other division, and I indicated clearly that there was no opening for you in the office. At the end of the month’s time that Mr.

E. I. du Pont de Nemours & Co. v. United States

608 F.2d 445 · United States Court of Claims · Oct 17, 1979

DISA was not required to hunt intensively (or pay as highly) for qualified personnel, since in both 1959 and 1960 it drew extensively on its parent’s reservoir of talent. … that, considering all the facts and circumstances, some method of pricing other than those described in subdivision (ii) of this subparagraph is clearly more appropriate.

Morgan Guaranty Trust Co. of New York v. United States

585 F.2d 988 · United States Court of Claims · Oct 18, 1978

The Trust is a tax-exempt entity qualifying under section 501(c)(3) of the Internal Revenue Code, as amended. … United States, 570 F. 2d 382 (1st Cir. 1978), in which the Commissioner’s exercise of his section 446 power to change accounting methods to clearly reflect income was upheld. We do not agree.

Mahoney

223 Ct. Cl. 713 · United States Court of Claims · Apr 11, 1980

Although not clearly expressed, in articulating its rule limiting discovery and imposing sanctions for abuse thereof, the majority was also influenced by a number of other factors. … These more extensive quotes establish in my mind sufficient facts for us to say that those setoffs were not unfounded.

Ray R. Sence and Tod Oviatt, Trustees of the Ray R. & Grace I. Sence Trusts v. The United States

394 F.2d 842 · United States Court of Claims · May 10, 1968

What we are here concerned with is, of course, the intent of the settlor and what he had in mind in establishing the trusts. … Again the legislative history of the provision clearly indicates that Congress meant exactly what it said, heading and all.

Garbacz v. United States

656 F.2d 628 · United States Court of Claims · Jul 29, 1981

to such laws, and may fix the compensation of such personnel not in excess of the highest rate of grade 18 of the General Schedule, and (B) to the extent the Administrator deems such action necessary to recruit specially qualified … scientific and engineering talent, he may establish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to two grades higher than the grade provided

Sammt v. United States

7 Cl. Ct. 274 · United States Court of Claims · Jan 17, 1985

The Brundage court accordingly set out the two elements which must exist in order to establish the defense of laches. … In this case, assuming retirement after 24 years, payment to plaintiff of back pay for even the more limited period is sufficient to establish prejudice.

Goldberger Foods, Inc. v. United States

37 Cont. Cas. Fed. 76,111 · United States Court of Claims · Jun 5, 1991

Has GFI Established That It Is Entitled To Relief? … May I qualify it? Q: Yes, sir. A: The reason for that is that in that process we ask for price, we ask for a commitment, we ask for a timeframe of delivery.

Basic Inc. v. United States

549 F.2d 740 · United States Court of Claims · Jan 26, 1977

That is clearly not the situation here. In Cwnberla/nd there was a purpose to liquidate; *415 in Sheppard and DeWitt there was a purpose to make a gift. … Eells was chairman of the board of Basle and It was he who, together with his counterpart In Carborundum, had established the tentative purchase .price; Mr.

Lincoln v. United States

49 Ct. Cl. 300 · United States Court of Claims · Feb 9, 1914

Just here it is pertinent to note that the principle established in Wattach v. Van Riswick, supra, was reviewed and substantially reversed by a later decision of the supreme tribunal. … statutes, shall be construed as continuations thereof, and not as new enactments, and there shall be no implication of a change of intent by reason of a change of words in such statute, unless such change of intent shall be clearly

City of Galveston ex rel. Board of Trustees of the Galveston Wharves v. United States

22 Cl. Ct. 600 · United States Court of Claims · Feb 26, 1991

The procedure is drastic and should be used only when clearly appropriate. … It also makes detailed provision for a worker’s spouse; the spouse qualified for an individual benefit if the spouse lives with the employee, and receives regular contributions from the employee for support, or is entitled

Charles E. v. United States

9 Cl. Ct. 537 · United States Court of Claims · Feb 14, 1986

Plaintiffs each have “possessory holdings” on the Eastern Cherokee Reservation and derive income from commercial establishments operated on these holdings. … There the Solicitor’s Memorandum, discussing Indian allottees under the Act of May 8, 1906, 34 Stat. 182 , stated: These provisions clearly indicate that before the issuance of a fee simple patent such restricted land is

Atchison, Topeka & Santa Fe Railway Co. v. United States

150 Ct. Cl. 339 · United States Court of Claims · Jun 8, 1960

The tables in finding 18, if plotted on graphs, 2 would present more clearly the description of certain phases of ag-gradation in the text of succeeding findings 35 through 44, which explore the influence of the reservoir … The evidence does not established when or where this phase of degradation commenced. 42. a.

Missouri, Kansas & Texas Railway Co. v. United States

47 Ct. Cl. 59 · United States Court of Claims · Dec 4, 1911

L., 783) a United States court was established in Indian Territory and its jurisdiction defined. … Cemeteries could be established by the town authorities upon certain terms and conditions. The leasing and sale of mineral lands was wisely lodged in the Interior Department.

Sollitt Construction Co. v. United States

1 Cl. Ct. 333 · United States Court of Claims · Jan 13, 1983

HUD regulations do not establish a deadline for the forwarding of an election to assign. … However, HUD regulations clearly establish that HUD could not force a mortgagee to accept a mortgage increase.