Case law

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.

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.

Vulcan Rail & Construction Co. v. United States

158 Ct. Cl. 234 · United States Court of Claims · Jul 18, 1962

On the basis of the record before us, we conclude that plaintiff has not established that the additional expenses so incurred were caused by Government action. … A survey was made by Army civilian inspectors to determine whether or not the plaintiff was qualified to perform the work.

Fischbach & Moore International Corp. v. United States

617 F.2d 223 · United States Court of Claims · Mar 19, 1980

In S & E the Supreme Court indicated clearly that neither facts nor law were to be reviewed. … Neither the Director, U.S.I.A., nor the Administrator of G.S.A. had qualified the delegations referred to in note 6, supra, nor had they indicated in any way that they *127 retained or reserved authority to oversee the board

Hugoton Production Company v. The United States

349 F.2d 418 · United States Court of Claims · Jul 16, 1965

As can be seen clearly from the Regulation quoted earlier in this opinion, he has chosen to embody in it only one concept — “representative market or field price.” … There can be no question that these two witnesses were expert in their field 25 and therefore highly qualified to discuss depletion allowance for integrated producers.

Hilo Coast Processing Co. v. United States

7 Cl. Ct. 175 · United States Court of Claims · Jan 8, 1985

Plaintiffs are not claiming payments based on the high rate established for the first payment period ending November 7, but based on the rates established for the subsequent payment periods in which the refined product actually … In a November 2, 1977 letter to Senator Bob Dole, Secretary Bergland, quoting 7 U.S.C. § 1446 (f)(3), wrote: Clearly, Congress intended that the interim program be implemented.

Ricci v. United States

507 F.2d 1390 · United States Court of Claims · Dec 18, 1974

At the trial held herein on July 27, 1972, Lieutenant William Cole of the Philadelphia Police Department, after being qualified as an expert on the subject of the “numbers game” as it exists in Philadelphia, Pennsylvania, … Clearly, a proscription against gambling on a military installation by a civilian employee does not require a stricter standard.

American Bar Endowment v. United States

4 Cl. Ct. 404 · United States Court of Claims · Jan 31, 1984

Advertising and promotional materials clearly indicated that objective. As a condition for participating in any of the plans, members agreed to assign all premium refunds to the Endowment. … ABA policies is simply too remote to establish a charitable intent. .

Butkin Precision Manufacturing Corp. v. United States

544 F.2d 499 · United States Court of Claims · Oct 20, 1976

Cl. 312 , 459 F. 2d 1393 (1972), of establishing that plaintiff’s profits were excessive. … Butka’s claim that he gratuitously assisted other qualified AYCO subcontractors *131 to produce parts they could not produce for themselves. This was clearly creditable under the statute, as pointed out above.

Ozark Dam Constructors v. United States

153 Ct. Cl. 120 · United States Court of Claims · Apr 7, 1961

He is a qualified civil engineer with extensive experience in heavy dam construction. … The evidence establishes that sufficient grounds existed for a qualified trucker to get authority to operate for 30 or 180 days, or for the duration of the strike, but he could not be assured of a permanent authority prior

Stein Bros. Mfg. Co. v. United States

337 F.2d 861 · United States Court of Claims · Jul 12, 1963

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 … At that time it was qualified from the standpoint of general experience and equipment to perform the contracts, although it lacked the actual dies to be used in the molding process.

Rothgery v. United States

475 F.2d 591 · United States Court of Claims · Mar 16, 1973

Occasionally, however, review of a case discloses that the conferee’s decision was based on a clearly defined error having a substantial effect on the tax liability. … (a) The business address of the corporation, from the time of its establishment up to and at the time of the death of the decedent, was 968 Mechanic Street, Grafton, Ohio.

Camp Far West Irr. Dist. v. United States

68 F. Supp. 908 · United States Court of Claims · Dec 2, 1946

These rights are rights, however, to immunity from a physical invasion of the owner’s domain in one fashion or another. Four conclusions logically follow: 1. … The necessity of an intention to take, as a limitation upon the generality of expression found in the Lynah case, is clearly pointed out by the Supreme Court in the Horstmann case, and again in its opinion in the Portsmouth

J. Robert Bonnar v. The United States

438 F.2d 540 · United States Court of Claims · Feb 19, 1971

As a director, Halbach was to acquire one qualifying share of the capital stock and 50 shares of the preferred stock. … Clearly, this Act confers jurisdiction upon this court to conduct a trial de novo notwithstanding any prior event or decision.

Robert F. Brown v. The United States

426 F.2d 355 · United States Court of Claims · May 15, 1970

as a consequence of paying a premium price for the bond and selling it on a nonadjusted cost basis, its sales price would (exclusive of accrued interest) invariably be less than its cost because of premium runoff, thus establishing … Since it was necessary, in order to qualify for nonamortization of premium, to dispose of any such bond within thirty days, the practice developed, among the group of investment bankers who participated in the acquisition

Gilbert v. United States

10 Cl. Ct. 501 · United States Court of Claims · Jul 21, 1986

Gilbert over the period November-Deeember, 1974, attempting to establish contact and forwarding various VA personnel status documents. 33 Those letters, addressed to Dr. … We need not reach this alternative argument, however, as grounds discussed infra are clearly sufficient to dispose of this case. . Plaintiffs Reply Brief at 8. . AR at 71 (emphasis added). .

Bean Dredging Corp. v. United States

36 Cont. Cas. Fed. 75,811 · United States Court of Claims · Feb 14, 1990

Moreover, proof in either of these two circumstances must be established by clear and convincing evidence. … This is so because the $569,779 monthly dredge plant cost has been clearly proven.

Snap-On Tools, Inc. v. United States

26 Cl. Ct. 1045 · United States Court of Claims · Aug 13, 1992

The Supreme Court focused on the treaty interpretation issue clearly in United States v. … However, in its reply brief, defendant asserts that: All matters referred to in the Hannes affidavit, however, are also clearly established by the Treaty itself, the legislative history of the Treaty (including the Technical

Hermes Consolidated, Inc. v. United States

14 Cl. Ct. 398 · United States Court of Claims · Mar 4, 1988

Section 269 of the Code recognizes two ways in which control can be established. … This average clearly cannot be considered a sufficient analysis of the specifics of the corporation.

River Construction Corp. v. United States

159 Ct. Cl. 254 · United States Court of Claims · Nov 7, 1962

At the outset, the issue before the court should be clearly defined. … The contract here established certain specifications for the work to be done.