Case law

Oak Forest, Inc. v. United States

26 Cl. Ct. 1397 · United States Court of Claims · Oct 15, 1992

Wilks, 490 U.S. 755 , 109 S.Ct. 2180 , 104 L.Ed.2d 835 (1989), white firefighters in Birmingham, Alabama alleged that the defendants, the city and county personnel board, were hiring and promoting blacks less qualified than … Well-established Court of Claims precedent prohibited plaintiffs from summoning third-party defendants. See Rolls-Royce Ltd. v. United States, 176 Ct.Cl. 694, 698 , 364 F.2d 415 (1966), Oliver-Finnie Co. v.

Hooper v. United States

22 Ct. Cl. 408 · United States Court of Claims · Nov 14, 1887

That_ a state of war can not be established or declared without a law of the legislative body. … From the citations made and also from the history of the American Navy certain facts clearly appear as worthy of notice.

Gila River Pima-Maricopa Indian Community v. United States

2 Cl. Ct. 12 · United States Court of Claims · Oct 29, 1982

Thomas) analyzed 822 qualified sales involving 2,153 lots in Phoenix, its subdivisions, and in Florence, Tempe and Maricopa. … Finding No. 25 issued Dec. 17, 1970, clearly defers determination until a subsequent hearing. It reads: “25. Areas Not Taken.

William Clamp & Sons Ship v. United States

41 Ct. Cl. 164 · United States Court of Claims · Jan 29, 1906

This would be true if the contract clearly so recited, or if the language used was susceptible of no other conclusion. … It does not in terms release such damages, and the general words employed would, within established principles, be limited to the items specified. ( 1 Edw. Ch., 34 ; 1 Cow., 122 , and cases there cited.)

Harrison Property Management Co. v. United States

475 F.2d 623 · United States Court of Claims · Mar 16, 1973

On the major issue of whether the management corporation is itself taxable on its income, there are well-established standards which confine and guide our ruling. … It appears highly probable that Harrison Property Management Company, though a small business corporation, could not qualify for Subchapter S benefits because more than 20 percent of its receipts in the taxable years was

Andrews v. United States

163 Ct. Cl. 126 · United States Court of Claims · Nov 15, 1963

On March 12, 1951, plaintiff was examined at Wright-Patterson Air Force Base, Dayton, Ohio, and found qualified for extended active duty, general service. … Purpose The physical evaluation board is a fact-finding board established for the three-fold purpose of: a.

Neptune Mutual Ass'n v. United States

13 Cl. Ct. 309 · United States Court of Claims · Sep 21, 1987

In enacting I.R.C. § 4373(1), Congress provided the only exemption to the liability for excise tax established in section 4371(1). … The necessity of signing and countersigning the policies to qualify as exempt from excise tax was established early in I.T. 1359, 1- 1 C.B. 292 (1922).

Stone v. United States

4 Cl. Ct. 250 · United States Court of Claims · Jan 6, 1984

In response to the second question as to whether or not the defendant was criminally insane at the time of the alleged offense on April 30, 1971,1 find it necessary to give a qualified answer. … The additional medical evidence does not establish service connection for a nervous condition.

League of Women Voters of the United States v. United States

180 F. Supp. 379 · United States Court of Claims · Jan 20, 1960

To urge the establishment of an area city-county planning board. 2. … Because the Legislature is immune from injunction or mandamus, there is now no way to force it to act. The House and the Senate were both re-apportioned in 1925.

Morelli v. United States

177 Ct. Cl. 848 · United States Court of Claims · Dec 16, 1966

But, that is not the situation here, and we do not need an unrestricted consideration of de novo evidence to establish what the facts are. … It was the committee’s position that the questions before it would be resolved by the testimony of qualified witnesses. 16.

Overton v. United States

45 Ct. Cl. 17 · United States Court of Claims · Dec 6, 1909

Further, in this same connection, the court said: “This, we think, clearly appears by the later case of Ruch v. New Orleans ( 43 La. … Ann., 275 ), where the Supreme Court reviewed the law and the cases, and again put the immunity of the city from liability for damages occasioned to the front of the plaintiff’s property by a public work upon the long-established

Fehrs v. United States

620 F.2d 255 · United States Court of Claims · Apr 16, 1980

brother” corporation) to a newly-created Fehrs Finance Company (a "sister” corporation 100 percent owned by the plaintiffs’ daughters) in return for perpetual annuities of a fixed yearly value resulted in a redemption that qualified … The prospective purchaser of a going concern is interested in the actual as well as potential earning capacity of the business and while sales volume is certainly an important factor in gauging that capacity, it clearly is

Millimet Construction Co. v. United States

83 F. Supp. 691 · United States Court of Claims · May 2, 1949

the drawings relative to relocation were, we think, clearly sufficient to put plaintiff on notice that it was not to have any of the pneumatic tube equipment. … On its face it included all elevator machine rooms, and we cannot read into it the qualifying exception for which plaintiff contends.

Western Contracting Corp. v. United States

144 Ct. Cl. 318 · United States Court of Claims · Dec 3, 1958

Shortly after the contract had been signed, plaintiff submitted its work progress schedule and plan of operations, *325 which clearly reflected its plan, for diversion and closure in 1951. … They have been used here and in subsequent findings for the limited purpose of establishing percentages.

Chase v. United States

50 Ct. Cl. 293 · United States Court of Claims · May 10, 1915

The specific claims contemplated by the Crawford amendment qualify and form exceptions to the general claims contemplated by the prior enactment. Townsend v. Little, 109 U. S., 504, 512 . In the case of United States v. … But, as we have said, the intention as clearly expressed in the Crawford amendment must control our action.

Baylor v. United States

198 Ct. Cl. 331 · United States Court of Claims · May 12, 1972

Unfortunately, the line of demarcation is seldom clearly discernable. … Furthermore, consistent with the Anderson I holding, discussed supra, when an employee has been found to have devoted a substantial measure of time and effort so as to qualify such time as compensable working time, an offset

United Nuclear Corp. v. United States

12 Cl. Ct. 45 · United States Court of Claims · Mar 19, 1987

Moreover, experience has shown that a trial often establishes facts and inferences not gleanable from papers submitted pre-trial. *56 SRI International v. Matsushita Elec. … A trial will most probably establish “facts and inferences not gleanable from papers submitted pre-trial.” SRI International, 775 F.2d at 1116.

Allied-General Nuclear Services v. United States

12 Cl. Ct. 372 · United States Court of Claims · May 22, 1987

With the enactment of the Tucker Act ( 28 U.S.C. § 1491 (a)(1)), sovereign immunity was waived and a suit could be brought for the monetary amount of just compensation. … The FCIA also provided that the Claims Court was established under Article I, and its judges serve limited fixed terms.

Pacific Maritime Ass'n v. United States

108 F. Supp. 603 · United States Court of Claims · Dec 2, 1952

October 25, 1948; and, hence, plaintiff clearly is entitled to recover for services rendered since that time. We think it is further entitled to recover for services during the month of October 1942. … An arbitration was had pursuant to provisions of said contract and resulted in an award providing for the establishment and maintenance of labor pools of longshoremen and for the establishment *680 and maintenance of central

Bowen-McLaughlin-York Co. v. United States

33 Cont. Cas. Fed. 74,492 · United States Court of Claims · Jun 20, 1986

That same provision also established two separate periods for price redetermination. … The total contract price for delivered supplies for which final vendor prices had been established; 2.