Case law

London v. United States

159 Ct. Cl. 398 · United States Court of Claims · Dec 5, 1962

As a result, it was necessary to transfer him to a non-sensitive position (GS-7) which did not require a security clearance, since all positions in his grade (GS-9), which plaintiff was qualified to fill, were sensitive positions … Non-Sensitive position may be established, which is within your qualification background. 2.

Electronic and Missile Facilities, Inc. v. The United States

416 F.2d 1345 · United States Court of Claims · Oct 17, 1969

There is no showing in the administrative record as to the extent, if any, the $1.50 per cubic yard rate included overhead or profit. 25 *1353 The Board apparently recognized this, for on its face, “presumably” 26 also qualifies … Curtis clearly demonstrates that his deposition should be taken.” 29 Plaintiff subsequently advised the Board that it had “no objection to having [Mr.

McCormick & Co. v. United States

170 F. Supp. 427 · United States Court of Claims · Feb 11, 1959

If it was produced in a registered domestic industrial alcohol plant, as contended for by the plaintiff, then the right to a drawback has been established. … Clearly, this would be a complete frustration of the statute’s intent to limit drawbacks to domestic producers only.

Shane v. United States

3 Cl. Ct. 294 · United States Court of Claims · Aug 18, 1983

. §§ 1492 and 2509: [Notwithstanding the bar of any statute of limitation, laches, or bar of sovereign immunity, and report thereon to the Senate, at the earliest practicable date, giving such findings of fact and conclusion … This study and map showed that almost all of the plaintiffs’ property (four of the five parcels) was outside the noise-impacted zones and therefore might qualify for FHA insured loans. Mr.

Craft v. United States

589 F.2d 1057 · United States Court of Claims · Dec 13, 1978

Upon receipt of the certificate, collection will be established from his retired pay account to liquidate the amount of $17,064.62 severance pay in a reasonable period. … According to the military records, plaintiff no longer qualifies for disability severance pay 18 and does qualify for retirement benefits. 19 In this context, the severance payment can be treated as a payment erroneously

Reynolds v. United States

95 Ct. Cl. 160 · United States Court of Claims · Dec 1, 1941

The parties are not in disagreement with reference to the well-established rule relating to the interpretation, of the statutes, as stated in Rodgers v. United States, 185 U. … The- *175 commandant and the engineer in chief were clearly in this class if they had served forty years.

Luckenbach Steamship Co. v. United States

66 Ct. Cl. 679 · United States Court of Claims · Feb 4, 1929

At the time the act took effect there was a judicial establishment in the zone which had been set up under Act No. 1 of the Isthmian Canal Commission. … The district judge, district attorney, and the marshal are appointed by the President by and with the advice of the Senate of the United States for a term of four years each, and until their successors are appointed and qualified

Gasser v. United States

14 Cl. Ct. 476 · United States Court of Claims · Mar 4, 1988

He described a process whereby with the passage of time, the clearly defined channel would extend further, establishing and then cutting through one subaerial fan after another, each successively closer to the ocean. … Sabey, an agronomist at Colorado State University, was qualified as an expert in the area of soil sciences.

Merchants National Bank v. United States

32 Cont. Cas. Fed. 72,455 · United States Court of Claims · Apr 30, 1984

Dri-Mix was initially established to market a beverage base powder. In late 1970, it was awarded its first Government contract. … It was generally understood that the $5 million appropriation was established specifically to permit DLA to fund Dri-Mix.

Gray v. United States

21 Ct. Cl. 340 · United States Court of Claims · May 17, 1886

Justice Patterson concurred, holding that the United States and France were “in a qualified state of hostility” — war “ qitoad hoe.” … The seizure of this vessel, *402 and of others under like conditions, was clearly illegal and unjustifiable.

Baldwin v. United States

175 Ct. Cl. 264 · United States Court of Claims · Apr 15, 1966

interpretation of Standard Practice, Regional and Washington Office Circular Letters and other directives ; and passing on to all employees the material in manuals or directives that is of interest to them. (3) Planning and establishing … In that letter, plaintiff was informed that there were five employment vacancies within the Region for which she was qualified, and she was invited to indicate her interest in one of these openings.

Sooner Federal Savings & Loan Ass'n v. United States

4 Cl. Ct. 746 · United States Court of Claims · Mar 7, 1984

the difference between any amount realized and the original or previously reduced debt, is to be treated as ordinary loss or income and is to be charged or credited, as the ease may be, against the reserve for losses on qualifying … Section 1502 directs the Secretary of the Treasury to prescribe such regulations as he may deem necessary clearly to reflect the income tax liability of any affiliated group of corporations making a consolidated return and

Woodbridge v. United States

55 Ct. Cl. 234 · United States Court of Claims · Mar 22, 1920

It is true that he qualified the time limit and also gave as a reason for the specific request his desire to obtain a patent in a foreign country. … The doctrine of abandonment is too well established to be overthrown now, notwithstanding the peculiar features of this case. The record discloses that Dr.

Johns-Manville Corp. v. United States

12 Cl. Ct. 1 · United States Court of Claims · Mar 6, 1987

One exception is that the decision was clearly erroneous and would work a manifest injustice. Id. at 950 ; accord Branning, 784 F.2d at 363 . … The Supreme Court has not established a clear rule as to when a government exercise of dominion resulting in economic injury rises to the level requiring compensation for a taking, but rather has established three factors

United Nuclear Corp. v. United States

17 Cl. Ct. 768 · United States Court of Claims · Jul 27, 1989

Expert testimony established that the date on which those mining operations would have, under normal circumstances, to have commenced was on or about October 1, 1978. … The testimony establishes that UNC meets “the severity of the economic impact test” set forth in Connolly .

Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United States

442 F.2d 936 · United States Court of Claims · May 14, 1971

Wherefore, defendant reserves the right to establish the proof of its counterclaim at such time as a trial is held on plaintiffs’ first cause of action.” … The Commission carefully and clearly responded, rejecting plaintiffs’ position.

Morrow v. United States

156 Ct. Cl. 493 · United States Court of Claims · Mar 7, 1962

If there were any doubt about the meaning of the “more than 30 days” provision the discussion of those Members of Congress in both bodies shows clearly that a case of this hind should be considered as coming within the meaning … One cannot be retired on the basis of a symptom, but only on the basis of an established disease.

First Nat. Bank of Chicago v. United States

38 F.2d 925 · United States Court of Claims · Mar 3, 1930

With said application said land bank shall tender to said farm loan registrar as collateral security first mortgages on farm lands qualified under the provisions of section 771, sections 801-807, or sections 811-821 of this … The provisions of the act provide that the Continental United States, excluding Alaska, shall be divided by the Federal Farm Loan Board into twelve federal land bank districts, in each of which districts shall be established

Bayou Land & Marine Contractors, Inc. v. United States

37 Cont. Cas. Fed. 76,153 · United States Court of Claims · Aug 8, 1991

Its interpretation of the contractual provisions does not qualify as reasonable, thereby negating the existence of the latent ambiguity for which plaintiff contends. Plaintiff, relying on Max Drill, Inc. v. … In the case at bar, NAVFAC’s requirement of structural supports was clearly expressed and, indeed, integral to the purpose for which it entered into this contractual arrangement, i.e., to rejuvenate its boat wharf.

Tee-Hit-Ton Indians v. United States

130 Ct. Cl. 839 · United States Court of Claims · Feb 7, 1955

Rather, it clearly appears that what was intended was merely to retain the status quo until further congressional or judicial action was taken. … He qualified as an expert on the Tlingits? a group composed of numerous interconnected tribes including the Tee-Hit-Tons. His testimony showed that the Tee-Hit-Tons had become greatly reduced in numbers.