Case law

Chicago, Burlington & Quincy Railroad v. United States

455 F.2d 993 · United States Court of Claims · Feb 18, 1972

Yet § 1238, which qualifies § 1231 and refers expressly to it, speaks only of gains from “sale or exchange.” … Clearly, defendant is correct. As held above, the cost of replacing a bolted joint with a welded joint should be accounted for as a replacement, i.e., charged to current expense.

Short v. United States

486 F.2d 561 · United States Court of Claims · Oct 17, 1973

Reviewing the establishment of reservations in California under the act of 1864 (finding 10, supra), he raised a question as to whether four reservations were in fact established under that act. … The data did not clarify all the cases and in the further proceedings it should be made clearly to appear whether birthplaces and residences are located on or off the reservation.

American Bank v. United States

633 F.2d 543 · United States Court of Claims · Jul 16, 1980

The procedure that lenders are required to follow to satisfy the above-quoted regulation is clearly stated in the Manual. … VI.A. 1 (1972) ("In order to qualify for payment of Federal interest benefits, a loan, when disbursed, . . . (a) . . . must be federally insured . . . .”) and id. para.

Fugate v. United States

15 Cl. Ct. 521 · United States Court of Claims · May 3, 1988

Fugate, Paul Fugate’s wife, that he was establishing a trust account on behalf of Mr. … Chapman established an Action Plan Committee consisting of five Park Service officials.

Young v. United States

12 Ct. Cl. 648 · United States Court of Claims · Dec 15, 1876

This court was then established with extremely limited powers. … the rebellion as it existed before the rebellion, and that it attached to persons, property, and transactions, to citizens and to aliens, so completely that nothing which took place on Confederate soil can ever claim the immunity

Bordo Products Co. v. United States

476 F.2d 1312 · United States Court of Claims · Apr 13, 1973

The validity of loans even to a controlled corporation is well established. George E. Warren Corp., supra at 312; Wilshire & Western Sandwiches, Inc. v. … From the foregoing consideration of all the many factors involved, Bordo’s status as a creditor of Pitt emerges clearly.

Koppers/Clough v. United States

201 Ct. Cl. 344 · United States Court of Claims · Apr 13, 1973

the present case, that *364 question will have to be considered, as well as any other governmental action (negligent or intentional), leading to a delay in making the pier available to plaintiff, which the plaintiff may establish … Even a complete and express exculpatory clause may not Immunize. See Ozark Dam Constructors v. United States, supra, 130 Ct. Cl. 354, 359-60 , 127 F. Supp. 187, 190-91 (1955).

Sun Oil Co. v. United States

572 F.2d 786 · United States Court of Claims · Feb 22, 1978

The doctrine of sovereign immunity does not insulate defendant from liability in such instances. Ottinger v. United States, 116 Ct. Cl. 282, 285 , 88 F.Supp. 881, 883 (1950). b. … Use of this factor reason by the Secretary is clearly unsupportable.

Bank of America v. United States

680 F.2d 142 · United States Court of Claims · Jun 2, 1982

. §§611-614 (1976). 1 The Edge Act amended the Federal Reserve Act in 1919 to allow national banks to participate in international banking through qualified subsidiaries. … Since the negotiation commissions charged with advised letters of credit are clearly being charged for personal services, we hold they should be sourced as personal services.

Hanson v. United States

13 Cl. Ct. 519 · United States Court of Claims · Oct 30, 1987

Hershey, explained that plaintiffs would have to first “build all new essential farm buildings and fully stock and equip the operation” to qualify as an “adequate family dairy farm,” capable of meeting the loan and repayment … The failure to give notice of the right to request deferral would clearly be a due process violation. Allison v.

Fox Valley Engineering Inc. v. United States

151 Ct. Cl. 228 · United States Court of Claims · Nov 2, 1960

Defendant has never contended that these technically qualified and responsible officials were not fully authorized to take these actions on behalf of the contracting officer. … The provision was clearly intended to provide immunity to the Government only as to claims by third parties for damages for injuries arising out of plaintiff’s performance of the contract.

Bechtel v. United States

198 Ct. Cl. 929 · United States Court of Claims · Jun 9, 1972

On the whole, Smith’s homestead entry file is consistent with his property lying well west of the river channel at the *965 time of his entry in May 1910 and clearly within California. … Actually, as established In Johnston v.

Buffalo & Fort Erie Public Bridge Authority v. United States

65 F. Supp. 476 · United States Court of Claims · May 6, 1946

No express promise was ever made, by any representative of either of the two Services qualified to bind the Government thereby, that rent would be paid. … However, it was always admitted that the Government had established no such conditions to its consent.

Stephens v. United States

11 Cl. Ct. 352 · United States Court of Claims · Dec 17, 1986

While Brown is qualified as an appraiser to give the court the benefit of his expertise on land valuation matters, his methodology for drawing conclusions even in that area was flawed. … Clearly, reliance on these two comparables is utterly inappropriate, given the testimony that the “after” use of plaintiffs’ land is still residential.

Esnault-Pelterie v. United States

81 Ct. Cl. 785 · United States Court of Claims · Nov 4, 1935

longitudinal stability and that for establishing transverse stability.” … To that extent section 4923 qualifies the language of section 4886, which without such qualification might well lead to' a different result.”

Kansas City, Mexico & Orient Railway Co. v. United States

53 Ct. Cl. 258 · United States Court of Claims · Mar 11, 1918

A carrier which had qualified its acceptance of the distance circular was not bound to accept the proffered terms. … Their action establishes the essential fact.

Mississippi Valley Generating Co. v. United States

175 F. Supp. 505 · United States Court of Claims · Jul 15, 1959

Since its establishment in 1933, it has constantly expanded its operations as the demand for electricity has increased. … As we have seen, Wenzell’s employer, First Boston, through which Wenzell’s criminal conduct must be established, if it is established, did not have an interest in the Dixon-Yates transaction until after Wenzell’s Government

Allen v. United States

40 Ct. Cl. 170 · United States Court of Claims · Jan 9, 1905

Subsequent items were presented and approved in the same qualified language. On the presentation of the various accounts payment was refused and' notice of the disallowances given. … Plaintiff admits that presumably the Treasury statement is correct and establishes the findings of fact on the amount of the set-off.

Betty Friedman, of the Estate of Joseph Friedman, Deceased v. The United States

310 F.2d 381 · United States Court of Claims · Jan 11, 1963

Brown, Seabrook and Caddington clearly dealt with implementation of a favorable board decision and in that sense the claim was, and had to be, founded on the board's own action. … Correction Board proceedings would not render reviewable those substantive rulings which would otherwise be immune from review. 68 2.

Harris v. United States

14 Cl. Ct. 84 · United States Court of Claims · Dec 11, 1987

The plaintiff must establish through “ ‘cogent and clearly convincing evidence’ ” that the Board’s decision was arbitrary and capricious, unsupported by substantial evidence, or contrary to law for this court to overturn … I didn’t want there to be any misconceptions as to Captain Harris’ abilities as a qualified officer ready to accept more responsibilities.