Case law

James A. Mann, Inc. v. United States

535 F.2d 51 · United States Court of Claims · May 12, 1976

Any qualified engineer or electrician *117 would know the difference between such an engine and M.G. sets and controls. It is obvious that the plaintiff did also. … While this rule is well established, it does not .apply in this case where the plaintiff knew of the alleged .ambiguity before it submitted its bid.

Shoshone Tribe of Indians of the Wind River Reservation v. United States

85 Ct. Cl. 331 · United States Court of Claims · Jun 1, 1937

In Bolding, as had always been held, and as was clearly stated in Holden v. … For this reason the court is firmly convinced that an established value applicable in all cases is not available to the parties as a precedent.

Meredith Broadcasting Company v. The United States

405 F.2d 1214 · United States Court of Claims · Jan 31, 1969

If more than one applicant filed for the same television assignment, the FCC was required by law to hold a formal comparative hearing to select the applicant best qualified. … This meant, as a practical matter, that if the transferee were otherwise qualified, he could count on favorable agepcy action.

Abbott, Proctor & Paine v. The United States

344 F.2d 333 · United States Court of Claims · Apr 16, 1965

I Dow Jones & Company was founded in 1882 by two reporters who established a business and financial service for the New York business community. … These rulings revoked a ruling on March 15, 1955, that the exemption applied only to payments by subscribers for the Dow Jones News Service who themselves qualified as one of the three news media designated by th statute.

SCM Corp. v. United States

645 F.2d 893 · United States Court of Claims · Mar 11, 1981

The board’s findings in regard to the foregoing are supported by the testimony of four qualified expert accountant witnesses: Donald L. … Meigs, Principles of Auditing (5th ed. 1973) states: Audit working papers are complete when they clearly reflect full information regarding the composition of all significant data in the records, together with the methods

T. C. Bateson Construction Company v. The United States

319 F.2d 135 · United States Court of Claims · Oct 11, 1963

Qualified non-union labor *142 was not available in the area. … What we have said previously indicates clearly that we are now confronted with a question of contract interpretation and as such it is a legal question on which the decision of the Appeals Board is not final.

Servidone Construction Corp. v. United States

36 Cont. Cas. Fed. 75,797 · United States Court of Claims · Feb 2, 1990

Moreover, Servidone’s complaint that the technicians were not qualified is not linked to any specific damage claim or right to relief. … United States, 151 Ct.Cl. 262, 267 , 283 F.2d 521, 524 (1960) (if reasonable probability of damages can be clearly established, uncertainty as to amount will not preclude recovery). VI.

Hunt & Willett, Inc. v. United States

351 F.2d 980 · United States Court of Claims · Dec 11, 1964

The exposed semi-circular slope above and about the tunnel entrance was composed of jointed and fractured basalt, as clearly established by the testimony of witnesses and as shown by photographic exhibits in evidence, both … Plaintiff was instructed by defendant’s project engineer to place a qualified supervisor in charge of the reinforcing *290 steel work.

Niagara Mohawk Power Corp. v. United States

525 F.2d 1380 · United States Court of Claims · Oct 22, 1975

No testimony can alter the transaction clearly set out in those documents. Thirdly, plaintiff argues that the value of its contract with PA'SNY is in dispute. … L. 85-159 in 1957 rendered Niagara Mohawk’s water rights obsolete by establishing a date after which Niagara Mohawk would no longer be able to utilize them. Plaintiff suggests that, while prior to Pub.

Gibraltar Manufacturing Co. v. United States

546 F.2d 386 · United States Court of Claims · Dec 15, 1976

In the course of performance or afterwards it never qualified or rescinded these representations as to its profit expectations. Although Mr. … "(a) Where products are sold In the open market, costs are not necessarily the controlling factor In establishing a particular seller’s price.

Tompkins v. United States

461 F.2d 1304 · United States Court of Claims · Jun 16, 1972

The facts in Andrews clearly fell in the second class, thus stated, and therefore the Court held for the Commissioner. … Tompkins was appointed, and qualified, as executor of said estate in Administration No. 82744 on May 4, 1953.

Newport News Shipbuilding and Dry Dock Company v. The United States

374 F.2d 516 · United States Court of Claims · Mar 17, 1967

The situation was clearly foreseeable when plaintiff bid and is one under which it contracted to operate. … Clearly, therefore, the risk is to be looked at prospectively, not with benefit of hindsight.

Abbett Electric Corp. v. United States

162 F. Supp. 772 · United States Court of Claims · Jun 4, 1958

Clearly this was not the effect of the letters of January 25 and March 1, 1951, to the plaintiff. … The actual payments to the plaintiff are not established by the evidence.

Waxman v. United States

112 F. Supp. 570 · United States Court of Claims · Jun 24, 1953

In order to qualify for such an award, a contractor had to show that the losses were suffered without fault or negligence on his part. … Some, additional loans were made by Atlantic after August 14, 1945, and the evidence does not clearly establish che amount of interest, applicable to the Maritime Commission contracts, that accrued after August 14, 1945.

Beatty v. United States

168 F. Supp. 204 · United States Court of Claims · Dec 3, 1958

Hibbard, a qualified appraiser heretofore referred to, who testified as the expert for plaintiffs *228 in this case. … It is established that the Blakelys and Mr.

Law v. United States

195 Ct. Cl. 370 · United States Court of Claims · Jul 14, 1971

As such, he became quite familiar with the company and its operations and appeared to the surety to be the most qualified former employee of the company capable of so assisting it. … However, at least with respect to the roofs, the record demonstrates that the contention is clearly erroneous.

Pitchlynn v. Choctaw Nation

59 Ct. Cl. 796 · United States Court of Claims · Jun 9, 1924

In this case the record clearly establishes that the Choctaw Nation, through its legislative department, met every obligation the delegates of 1853 incurred in the prose- *812 eution of this claim, and appropriated tlie 20 … This was not sufficient testimony to establish all of the heirs at law of the said Pitchlynn.

Tlingit & Haida Indians of Alaska v. United States

177 F. Supp. 452 · United States Court of Claims · Oct 7, 1959

Such immigrants shall be received into the number of the settled tribes and shall enjoy the rights and immunities granted to that class of persons. sec. 285. … The Alaska Indians * * * have proven their capacity and have clearly shown their ability to make a living alongside of their white neighbors * * 100.

Hadden v. United States

131 Ct. Cl. 326 · United States Court of Claims · Apr 5, 1955

The letter does not clearly show what funds were to be used in procuring the supplies, but it may be assumed that funds appropriated by Congress for the benefit of UNKKA were intended. … Hadden, the duly appointed, qualified and acting Trustee in Bankruptcy, has been duly substituted as party plaintiff herein. 30.

Farris v. United States

4 Cl. Ct. 633 · United States Court of Claims · Mar 1, 1984

Just when the plaintiff personally became aware of Harbor Boat’s delinquency with respect to the federal employment taxes is not clearly established by the evidence in the record, but it is certain that the plaintiff learned … Department of Defense reported that they had performed a survey of the financial capability of Harbor Boat to perform on current contracts and qualify for future solicitations of ship repair work.