Case law

Moller v. United States

553 F. Supp. 1071 · United States Court of Claims · Dec 13, 1982

The facts, as previously summarized, indicate that the plaintiffs would not qualify as traders in the securities market. … The facts clearly show that the plaintiffs were anything but “passive” investors.

Chain Belt Co. v. United States

115 F. Supp. 701 · United States Court of Claims · Sep 30, 1953

Shea-Matson was unable to make the floor repairs, so authorized, because it lacked the proper equipment and employees qualified to do that type of work. … We think that loss of profits upon defendant’s breach of its agreement to vacate the floor area within 90 days, was clearly within the contemplation of the parties when the contract was negotiated.

Goldsmith v. United States

586 F.2d 810 · United States Court of Claims · Nov 15, 1978

Goldsmith requested that the hospital establish a deferred compensation plan on his behalf. … Whatever present value the life insurance feature had to him is clearly taxable. In Centre v.

Atkins v. United States

556 F.2d 1028 · United States Court of Claims · May 18, 1977

It can take cases only against the United States, only if they seek money judgments, and only to the extent Congress has waived sovereign immunity. … Where money damages are not claimed, Congress has recently enacted a most sweeping waiver of immunity, Act of October 21, 1976, Pub.

Kennecott Copper Corporation v. The United States

347 F.2d 275 · United States Court of Claims · Jun 11, 1965

No fact in evidence is more clearly established than the attitude of the parties to the transaction toward the copper content of Tract A. They regarded it as “possible” ore, and dealt with it as such. … Plaintiff’s efforts to qualify under the receding face doctrine must therefore fail.

Dittmore-Freimuth Corp. v. The United States

390 F.2d 664 · United States Court of Claims · Feb 16, 1968

Nor does § 6.1 of MIL-A-6760A establish an order of precedence. … We only hold that § 6.1 of MIL-A-6760A does not establish an order of precedence as plaintiff suggests.

Armstrong v. United States

144 Ct. Cl. 659 · United States Court of Claims · Jan 14, 1959

It did not specifically decide whether or not recovery could be had for time spent in eating and sleeping, but it clearly intimated that it could not be. … They are also cross-trained in the use of all equipment, and rotated from station to station on the base, in both structural and crash stations, so that each firefighter is qualified and trained to perform any duty necessary

Carrie Kramer and Julius Kramer, Executors of the Estate of Abraham Kramer, Deceased v. The United States

406 F.2d 1363 · United States Court of Claims · Feb 14, 1969

However, the submission via stipulation, of a contract, without more, satisfies the burden of establishing that the parties agreed to what the contract says. … is that, especially if the paterfamilias fell ill, no one anticipated more than a minimal exchange, just enough to say that "services" were "being rendered" during the year. 49 In essence, the agreement, as phrased, was clearly

Rubinstein v. United States

153 Ct. Cl. 301 · United States Court of Claims · Apr 7, 1961

The ELS School then established special classes in various subjects for the problem students. … The RLS School then established special classes in various subjects for the problem students.

Tristate Developers, Inc. v. United States

549 F.2d 190 · United States Court of Claims · Jan 26, 1977

From previous experience with them plaintiff also kept a list of names of several qualified applicators whom it would call when needed. … All these are clearly indicative of employer-employee Status, but Tristate did none of these things.

Buch Express, Inc. v. United States

132 F. Supp. 473 · United States Court of Claims · Jul 12, 1955

In such cases, facts must be reported to proper officer in order that the rating applied may be verified and establishment of specific provisions considered. … These circles of light, the centers of which are at the center of the screen (zero range), have a 10,-000-yard radial distance established between them.

B Amusement Co. v. United States

180 F. Supp. 386 · United States Court of Claims · Jan 20, 1960

Here, however, the récord clearly shows that the defendant’s acts were designed to protect plaintiffs’ private properties, not to take them; nor can it be said that the natural consequences of these acts would result in a … This long established policy of non-liability is bottomed on public policy and not sovereign immunity, but, at any rate, it is a withdrawal of consent to be sued in such cases, if it can be said that such consent had previously

Woodard v. United States

167 Ct. Cl. 306 · United States Court of Claims · Jul 17, 1964

The former was clearly diagnosed as early as several weeks after the 1943 head injury. … He was found physically qualified for the job of substitute carrier. His record shows that to date of trial plaintiff had used up all of the sick leave allowance. 20. Permanent, incurable disability?

National Cored Forgings Co. v. United States

132 F. Supp. 454 · United States Court of Claims · Jun 7, 1955

To qualify for such a purchase contract assuring full capacity operation, the producer should establish that: 1. … In establishing the limit of allowable costs, the OHE first proceeded by determining an F. O.

Harris Systems International, Inc. v. United States

32 Cont. Cas. Fed. 72,486 · United States Court of Claims · Apr 20, 1984

These matters are clearly post-award situations. See Golden Eagle Refining Co. v. United States, 4 Cl.Ct. 622 (1984) (Lydon, J.). … In order to determine whether plaintiff qualifies for injunctive relief, the court must consider three factors: (1) the merits of the dispute; (2) the possibility of plaintiff suffering irreparable harm absent injunctive

International Telephone & Telegraph Corp. v. United States

608 F.2d 462 · United States Court of Claims · Oct 17, 1979

The adoption of the "economic unit” theory of consolidated returns is well established in case law. 22 *454 IV. … First, we must observe the distinction between a foreign tax credit and a foreign tax deduction. 30 A credit, if the entire amount of qualifying foreign taxes could be credited, would be more advantageous than any deduction

Ross Michael Simon Trust v. United States

402 F.2d 272 · United States Court of Claims · Oct 18, 1968

The facts of this case establish business continuity so clearly that the existence or nonexistence of good business reasons is unhelpful, if not immaterial. *315 For the reasons stated above, I believe that, to be consistent … Under the facts, the distributions in question were clearly not part of a “series of distributions in redemption of all of the stock of the corporation pursuant to a plan,” so as to qualify under section 346(a) (1).

Balis v. United States

139 F. Supp. 930 · United States Court of Claims · Apr 3, 1956

But none of this increase was due in any part to the fact that Lukens, Savage and Washburn was an established firm in the general insurance field. … Washburn would not be qualified to handle any of the 87 accounts allocated to plaintiff upon his retirement from the two partnerships. 20.

Maxwell v. United States

297 F.2d 554 · United States Court of Claims · Jan 12, 1962

The daily diary maintained by the subcontractor’s foreman on the job from August 31 onwards discloses clearly that there was continual trouble encountered in laying the gravel blanket and that the work was going slowly. 24 … Had this been done the channel should have been virtually immune from storm damage by January 25, 1956.

Aerojet-General Corp. v. United States

568 F.2d 729 · United States Court of Claims · Dec 14, 1977

None of this welter of activity has changed the question for decision from that clearly posited by the pleadings; whether section 203 of Pub. L. … Recommend adoption of S. 3003, which would be very limiting both as to the amounts and purposes which would qualify under this proposal. 3.