Case law

RJ Reynolds Tobacco Company v. United States

149 F. Supp. 889 · United States Court of Claims · Apr 3, 1957

It necessarily follows that were the payments not classified as compensation, they were clearly not business expenses. … find no trouble in holding that no part of the amounts paid to the employees of Glenn are deductible either as compensation or as part of the cost of goods sold for the very simple reason that Glenn's employees were not qualified

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.

Kamen Soap Products Co. v. United States

124 F. Supp. 608 · United States Court of Claims · Oct 5, 1954

The evidence of record shows clearly and convincingly that plaintiff did not submit the letter of May 19, 1947, to the NYPO with its bid. … This is one of the conditions on which the Government gives its consent to be sued and waives its otherwise sovereign immunity.

American Science & Engineering, Inc. v. United States

8 Cl. Ct. 129 · United States Court of Claims · Apr 30, 1985

We further conclude that, arguendo, even if one of these factors standing alone would not qualify to be an “intervening efficient cause”, that the simultaneous impact of all three of these factors qualifies as an “intervening … While the court is aware of the legal principle that where damages clearly have been established, there being no “intervening efficient causes”, the lack of certainty and preciseness will not preclude some recovery.

Brown v. United States

195 Ct. Cl. 103 · United States Court of Claims · Jun 11, 1971

(n) It was stated that plaintiff was qualified for retirement. No statement was made that plaintiff was qualified for general military service. … The evidence in this case clearly establishes that plaintiff should have been evaluated for disability in Physical Evaluation Board proceedings prior to his retirement for longevity on January 31, 1963; and that had he been

National Ass'n of Postal Supervisors v. United States

21 Cl. Ct. 310 · United States Court of Claims · Aug 14, 1990

Postal supervisors qualified as active members. Active members could hold office, vote, participate on committees, and serve as delegates to NAPS conventions. Retired postal supervisors qualified as honorary members. … Defendant, and now this court, do not question whether NAPS may admit less than full members into its plan; the 1985 provision clearly does not apply.

Aero Spacelines, Inc. v. United States

530 F.2d 324 · United States Court of Claims · Jan 28, 1976

Plaintiff employed an established cost accounting method for 1966. … The acquisition qualified under Section 368(a) (1) (C) of the Internal Kevemue 'Code of 1954 as a tax-free reorganization.

Barnes v. United States

170 Ct. Cl. 639 · United States Court of Claims · May 14, 1965

, being separate field installations which are independent in operations and administrative authorities, with staffs separately organized and clearly distinguishable from each other. … Had plaintiffs been accorded transfer of function rights to Oakland, only plaintiffs Barnes, Bassford, Carroll, Soriano, Mc-Alister, Ogburn and Schell had sufficient retention standing to have qualified them on a competitive

Salsbury Industries v. United States

35 Cont. Cas. Fed. 75,661 · United States Court of Claims · May 17, 1989

Clearly, the court used the term “suspend” and not “terminate.” … Moreover, such an extension of the law would appear clearly unwarranted here.

Hazeltine Corp. v. United States

10 Cl. Ct. 417 · United States Court of Claims · Jun 12, 1986

Cir.1984) (whether work qualified as “prior art” under 35 U.S.C. § 102 (g)). … At trial, Sureau attempted to qualify his earlier testimony.

Vanguard Security Inc. v. United States

20 Cl. Ct. 90 · United States Court of Claims · Apr 4, 1990

As plaintiff points out, FAR § 17.208(d) establishes that these two clauses, by their terms, do not pertain to contracts for services. … Plaintiff does not qualify for any of the exceptions to contracting under full and open competition. See FAR §§ 6.302-1, 6.302-2. .

Missouri Pacific Corp. v. United States

5 Cl. Ct. 296 · United States Court of Claims · May 10, 1984

Their controlling position clearly enhanced the value of their lands when extraction of the oil from the State’s offshore fields became a possibility. … Accordingly, it failed to qualify for the depletion allowance with respect thereto. II. Deductibility of Payment in Settlement of Class Action.

Paccon, Inc. v. The United States

399 F.2d 162 · United States Court of Claims · Jul 17, 1968

In common understanding the words spoken by the defendant’s representative would necessarily imply a carrying-through, unless they were expressly qualified to negative any further action by the Government after the priority … But that article does not provide that the only relief for harm caused by another contractor is a time-extension; if it were not for the Suspension of Work Article, the contractor could clearly, under our decisions, sue directly

First National City Bank v. United States

537 F.2d 426 · United States Court of Claims · Jun 16, 1976

With background established, we turn to the specific set-off protections at issue in the instant case. … In order to qualify under the Act for set-off protection, all conditions placed on assignments must be met.

Kelley v. United States

36 Cont. Cas. Fed. 75,771 · United States Court of Claims · Dec 15, 1989

No judges are better qualified to try it than the local judges. It is a convenient and ready form of remedy for possession of land.” Bourgeois v. … Drawing an analogy to this high standard, plaintiff clearly cannot meet his heavy burden to establish here that he is not bound by the independent, third party appraisal." Defendant’s Post Argument Brief p. 3. .

Minnesota Chippewa Tribe v. United States

11 Cl. Ct. 221 · United States Court of Claims · Nov 20, 1986

1855 treaty, in return for the establishment of a new reservation. … In the court’s view, section 7 of the Nelson Act clearly authorizes reimbursement of advance interest payments from the principal of the permanent fund.

Royce Ainsworth v. The United States

399 F.2d 176 · United States Court of Claims · Jul 17, 1968

We found that, as a veteran who had served for two years as an Accident Investigation Specialist under a temporary appointment pending establishment of a register (TAPER), his appointment was for an “indefinite” term and, … Where reassignment follows a reduction in force caused by a transfer of function an employee must be given an opportunity to be “reinstated” within the department or agency in a position for which he is qualified and with

Watson v. United States

162 F. Supp. 755 · United States Court of Claims · Jun 4, 1958

Service status upon an employee for all practical purposes as soon as he is hired without giving the agency any opportunity to see if the employee is suitable for the position and to rid itself of an employee found not to be qualified … section 1135, 22 U.S.C.A. § 801 note existing rules and regulations governing the Service were to remain in effect "until modified or superseded by *762 regulations made in accordance with the provisions of this Act, unless clearly

The Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana v. The United States

437 F.2d 458 · United States Court of Claims · Apr 23, 1971

Both plaintiffs’ appraiser and defendant’s appraiser were eminently qualified. Both recognized that determination of fair market value was exceedingly difficult. … Both appraisers were well-qualified. The basic problem is lack of adequate data, not expertise. 30 .

Ordnance Research, Inc. v. United States

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

Driggers was not "really technically qualified to explain this document. … Instead, it relied on plaintiffs reports and photographs to establish what happened at the plant and what additional safety precautions would be attempted.