Case law

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.

Economic Development & Industrial Corp. v. United States

13 Cl. Ct. 590 · United States Court of Claims · Oct 21, 1987

Defendant has admitted that the contractual allegations appear to be clearly within the jurisdictional purview of this court. … This disposal is a result of the Navy’s Shore Establishment Realignment program.

Meyers v. United States

26 Cl. Ct. 1004 · United States Court of Claims · Sep 17, 1992

Meanwhile, other reports 12 on the property clearly showed that the amounts of gold present did not represent commercially marketable quantities, especially to a small mine operator. … A volume of auriferous gravels cannot be established until the thickness of the gravels in an area is ascertained.

Harkness v. United States

469 F.2d 310 · United States Court of Claims · Nov 10, 1972

In the case before us, Congress has *749 exceeded its powers and gone beyond the boundaries established for its operation by the Constitution. … Internal Bevenue Code, if proper in this case, may result in the following allocations of shares of income and credits: Income (including Domestic Tax-Exempt Foreign tax-exempt Dividends Foreign Income less Tax income) less Qualifying

Eastman Kodak Co. v. United States

534 F.2d 252 · United States Court of Claims · Apr 14, 1976

The “all events” test was established by the Supreme Court in United States v. Anderson, 269 U.S. 422 (1926). … (ii) Under plaintiff’s vacation pay plan applicable to all vacation pay payments made subsequent to 1953, it has each year granted, to qualified employees, vacations to be taken in the following year with pay.

Harrington v. United States

174 Ct. Cl. 1110 · United States Court of Claims · Mar 18, 1966

These allegations must be clearly established to be sustained. Croghan v. United States, 116 Ct. Cl. 577 , 89 F. … The proof does not establish plaintiff’s entitlement to recover.

Ellison v. United States

25 Cl. Ct. 481 · United States Court of Claims · Mar 13, 1992

on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of … Ellison was paid at the lower GM-13, after becoming qualified for promotion to the GM-14 level. The duties and responsibilities of each of the three male comparators, as compared to those of Ms.

R. J. Reynolds Tobacco Co. v. United States

149 F. Supp. 889 · United States Court of Claims · Apr 3, 1957

It necessarily follows that were the payments not classified as compensation, they were clearly not business expenses. … no trouble in holding that no part of the amounts paid to the employees of Glenn are deductible either as *16 compensation or as part of the cost of goods sold for the very-simple reason that Glenn’s employees were not qualified

Scripture Press Foundation v. United States

152 Ct. Cl. 463 · United States Court of Claims · Jan 18, 1961

for exemption solely as a religious foundation, it qualifies for exemption as an educational foundation. … The conduct of publication and printing establishments. *477 5.

Commerce International Co. v. United States

167 Ct. Cl. 529 · United States Court of Claims · Oct 16, 1964

The statements about failure to obtain drawings are clearly directed at the defendant, but the references to parts are much more muted. … Hicks, we would certainly not be in a position to at all criticize and he probably is very well qualified for this purpose.

Margaret Irolla, Administratrix of the Estate of Lewis Irolla (Deceased) v. The United States. Margaret Irolla, Administratrix of the Estate of Lewis Irolla (Deceased) and Margaret Irolla, Individually v. The United States

390 F.2d 951 · United States Court of Claims · Feb 16, 1968

Therefore, the evidence clearly shows that Mr. … Commissioner, supra at 320, wherein it was stated: 66 * * * Although the existence of fraud may be gathered from circumstances, the piling of inference upon inference hardly qualifies as the clear and convincing evidence

Schremp v. United States

166 F. Supp. 610 · United States Court of Claims · Oct 8, 1958

had certified, as justification for the personal service contract, that it was urgent that plaintiff’s services be obtained prior to his departure to the London Branch Office of OBI, and that the plaintiff was a highly qualified … A RELEASE FROM YOUR LOCAL DRAFT BOARD THAT NO OBJECTION IS INTERPOSED TO YOUR EMPLOYMENT OUTSIDE CONTINENTAL LIMITS OF UNITED STATES AND FURNISH DEPARTMENT WITH SAME X IT WILL BE NECESSARY FOR YOU AND YOUR WIFE TO HAVE IMMUNIZATION

Whitney Benefits, Inc. v. United States

18 Cl. Ct. 394 · United States Court of Claims · Oct 13, 1989

Nor, however, does the absence of an ongoing concern establish that a market does not exist. … It clearly shows a generally increasing market for Powder River Basin coal.

Hospital Bureau of Standards & Supplies, Inc. v. United States

141 Ct. Cl. 91 · United States Court of Claims · Jan 15, 1958

Findings 5 and 8 indicate that plaintiff was established as a successor to an organization of a similar name. … activities of a taxpayer need not involve “educational services,” to the extent of providing formal instruction under the supervision of a regular faculty, as the Government’s argument would lead us to believe, in order' to qualify

Gibson v. United States

176 Ct. Cl. 102 · United States Court of Claims · Jun 10, 1966

They cannot validly terminate it under a direct reduction in force procedure or by attempting to establish that I am not qualified or suitable for the position. … Civil Service Commission, to assist me in establishing this fact. 25.

Citizen Band Of Potawatomi Indians Of Oklahoma v. United States

391 F.2d 614 · United States Court of Claims · Mar 4, 1968

Cl. at 71, and cases collected therein at footnote 12. 38 In this case a remand is clearly in order. … 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.

Stein Bros. Mfg. Co. v. The United States

337 F.2d 861 · United States Court of Claims · Oct 11, 1963

Clearly the plaintiff entered into the contract on the assumption that it required only one-fourth of the adhesive strength for the seams actually intended by the Government, and this, in turn, resulted in extra costs due … Whether it was sufficiently in error to warrant reversal may depend on the standards imposed by the Wunderlich Act ( 41 U.S.C. §§ 321 , 322), which immunizes from judicial correction administrative decisions on questions

Garod Radio Corp. v. United States

158 Ct. Cl. 596 · United States Court of Claims · Oct 3, 1962

The evidence does not clearly establish whether this groove-hopping was caused by the high modulation disc, or by manufacturing errors attributable to the plaintiff as contended by Mr. Brailsford. … Modification No. 14 clearly presents no bar to this adjustment.

Christie v. United States

48 Ct. Cl. 293 · United States Court of Claims · Apr 7, 1913

S., 579 , it was held that where Congress had made no exception in qualifying parties as witnesses the court could make none. … The evidence does not establish that for this road any sum ivas paid.

Irving A. Kanarek v. The United States

394 F.2d 525 · United States Court of Claims · May 10, 1968

The record does not indicate why plaintiff waited until November before establishing such a claim. On the latter date, such payments were terminated. … One who takes voluntary action which prevents employment and the accrual of outside earnings obviously does not qualify.