Case law

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.

Baltimore Contractors, Inc. v. United States

34 Cont. Cas. Fed. 75,267 · United States Court of Claims · Apr 30, 1987

The notice to proceed, which directed plaintiff to begin performance on October 7, 1964, established an initial completion date of April 7, 1966. … Even if plaintiff’s subcontractors were not fully qualified, the court is convinced that the Architect waived the opportunity to challenge, without cost, their qualifications in midstream.

Owens-Corning Fiberglas Corporation and Polytron Company, by and Through Walsh Construction Company v. The United States

419 F.2d 439 · United States Court of Claims · Dec 12, 1969

It was established that at the time Union Carbide did not manufacture polyurethane foam, but only manufactured certain of the resins or ingredients. … The Merits One uncontested fact stands out clearly in this record. The specifications, as interpreted by the Government, were impossible to perform.

McLennan v. United States

24 Cl. Ct. 102 · United States Court of Claims · Sep 10, 1991

However, the Conservancy did explain to the McLennans that the scenic easement transfer might qualify as a charitable contribution. … The McLennans were clearly concerned about preserving their land and surrounding acreage from residential development. 7 Further, the McLennans knew their property was an important part of the Conservancy’s “greenbelt corridor

Missouri Pacific Railroad v. United States

497 F.2d 1386 · United States Court of Claims · Apr 19, 1974

A reasonably profitable long-term lease with a responsible tenant such as plaintiff clearly qualified as a type of collateral that would give Bake-well the degree of borrowing leverage that he needed to achieve his objective … Thus, it is only as to that specific segment of track that the rail removed and held for subsequent reuse elsewhere in the carrier’s *1400 system can be said to meet the established tax definition of salvage, vie, an asset

Ragonese & Scaravelli v. United States

120 F. Supp. 768 · United States Court of Claims · May 4, 1954

Communications which you addressed to the Government clearly presented the basis of the contractor’s claim. … The extra costs that plaintiff incurred because of the subsurface water condition which is clearly established by the evidence is $24,145.09, for the items set forth in finding 23. 51.

Tucker v. United States

8 Cl. Ct. 575 · United States Court of Claims · Aug 22, 1985

The defendant further argues that it is plaintiff's burden to show that he qualifies under one of the exceptions exempting him from the requirement of paying estimated taxes for 1979, which he has failed to carry, and, failing … However, at the trial, the evidence adduced established and the court so found that plaintiff had $28,986.20 in unreported income for the taxable year 1979. See Tucker v. United States, 8 Cl.Ct. 180 (1985).

American Maritime Transport, Inc. v. United States

35 Cont. Cas. Fed. 75,722 · United States Court of Claims · Sep 29, 1989

The arrangements established under the Side Letter, discussed in greater length infra, were agreed to voluntarily as a diplomatic gesture and do not obligate the government of Israel to a certain fixed level of shipping on … The court concludes that these factors clearly constitute sufficient threatened and actual economic harm to rise to the stature of Article III standing.

A.B.G. Instrument & Engineering, Inc. v. United States

593 F.2d 394 · United States Court of Claims · Feb 21, 1979

Defects in the product shipped, whether due to transit damage or to shortcomings in the manufacturing process, were clearly within the contractor’s area of responsibility. … Another argument raised below and renewed again here is the claim that the Government required the contractor to use certain equipment — six-spindle automatic chuckers — in order to qualify for the contract award.

Sterling Millwrights, Inc. v. United States

38 Cont. Cas. Fed. 76,316 · United States Court of Claims · Apr 29, 1992

The record indicated that both men were highly qualified professionals who had worked well together in the past. Although Mr. … It has been established that although the bid documents were silent, Sterling’s pre-award PERT Chart established a review period of five-working days.

Affiliated Research, Inc. v. United States

351 F.2d 646 · United States Court of Claims · Oct 15, 1965

On June 28, 1954, it qualified to do business in the State of Connecticut and during that year transferred part of its business and activities to such State. … In addition, as has been clearly set forth, the taxpayer’s capitalization is not ‘thin’.” 36.

Benjamin v. United States

312 F.2d 428 · United States Court of Claims · Jan 11, 1963

Plaintiffs, in seeking to establish all of Henry Weil’s individual property (except for that part — $102,325.72— used to pay administration expenses prior to receipt of the Rosenheim property) as property previously taxed … Plaintiffs are the duly qualified and acting executors of the will of Elsie Weil, who died March 27,1952, domiciled in the City, County and State of New York, where her estate is being administered.

Watson v. United States

137 Ct. Cl. 581 · United States Court of Claims · Jul 12, 1956

Inasmuch as this court has jurisdiction over claims founded upon “any regulation of an executive department,” plaintiff has clearly established a right to recover in this case. Simon v. United States, 113 C. Cls. 182 . … the Government service and the employee involved against arbitrary, capricious and, of necessity, expensive and wasteful determinations by supervisors to get rid of a probationer whom they do not like but who is otherwise qualified

Design & Production, Inc. v. United States

35 Cont. Cas. Fed. 75,718 · United States Court of Claims · Sep 14, 1989

The issues of liability and damages were clearly tried jointly in this case and not bifurcated. … Dickson’s identity or establishing his expertise to estimate the cost of painting walls. .

Bata Shoe Co. v. United States

595 F.2d 9 · United States Court of Claims · Feb 21, 1979

Without some assurance to defense contractors of compensation for performance of risky undertakings, the government may have a dearth of qualified applicants. … Bata clearly faced the risk of losing its commercial markets, and it was, in fact, a risk that was altogether too real.

Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United States

368 F.2d 847 · United States Court of Claims · Oct 14, 1966

In a word, the court did not purport to overrule Austin Engineering, but instead to treat with the different problem where the contractor chooses to bring his action after some items have become qualified for suit but before … Those specific clauses usually have built-in time limits, 29 and where no specific period is established in the contract the contractor cannot delay unreasonably. Cf. Dawnic Steamship Corp. v.

Clark v. Secretary of the Department of Health & Human Services

19 Cl. Ct. 113 · United States Court of Claims · Dec 4, 1989

Wolfe’s report failed to reach a definitive conclusion that the petitioner would qualify for a form of supplemental insurance Mr. … The child may then qualify for Medicaid.

Gay v. United States

356 F.2d 516 · United States Court of Claims · Feb 18, 1966

The Northwest ores, if upgraded, would qualify. Thus, in August or September of 1956, Northwest consulted the designer of the Dawn mill to determine the feasibility of an upgrading scheme. … The evidence establishes clearly that the submission by Northwest on October 9, 1957, was one that would have required extensive investigation and consideration by the staff of Grand Junction and several months of negotiation

Salt River Pima-Maricopa Indian Community v. United States

6 Cl. Ct. 73 · United States Court of Claims · Aug 21, 1984

An interim allocation for such expenses was established, with 22% paid by SRIC, 76% paid by GRIC and 2% paid by Ak-Chin Indian Community. … To qualify for a fee under the Act, an attorney must have performed services for the Indians under an approved contract.

Constant v. United States

1 Cl. Ct. 600 · United States Court of Claims · Oct 19, 1982

However, plaintiff was unable to construct and demonstrate a prototype prior to the deadline of March 15, 1972, established by the Port of New York Authority. … “Permit A” clearly authorized the disclosure of plaintiff’s invention to agencies of the Federal Government.