Case law

Eastport Steamship Corporation v. The United States

372 F.2d 1002 · United States Court of Claims · Feb 17, 1967

Plaintiff has also said that Congress has established special statutory methods for correcting the errors of other agencies, but not those made by the Commission under Section 9. … In this respect Dalehite has not been modified or qualified by any subsequent decision of the Supreme Court. 12 .

Denis E. Cosby v. The United States

417 F.2d 1345 · United States Court of Claims · Nov 14, 1969

If plaintiff did not state in his resignations, understandably to the agency, that they were forced, it then became necessary to establish whether in fact they were forced. … He also questioned Williams on his maintenance procedures and satisfied himself that Williams was a competent technician, and fully qualified to perform the duties of a sector chief.

Aeron Marine Shipping Co. v. United States

26 Cl. Ct. 946 · United States Court of Claims · Aug 13, 1992

While engaged in the preference trade, plaintiffs’ vessels were immune from the threat of foreign competition. … As is clearly established herein, plaintiffs, themselves, did not incur fuel costs during the twenty voyages of their vessels under the Russian grain program and did not submit evidence of fuel consumption and costs.

Rumley v. United States

152 Ct. Cl. 166 · United States Court of Claims · Jan 18, 1961

In refusing to perform the plaintiff was clearly in default of the contract under circumstances amounting to a breach. … The Government may accept any item or group of items of any bid unless qualified by specific limitation of the bidder.

North Slope Technical Ltd. v. United States

34 Cont. Cas. Fed. 75,430 · United States Court of Claims · Jan 21, 1988

Although defendant argues that North Slope could have determined the surface elevations from other contract documents, the testimony of plaintiff’s experts clearly establishes that significant construction and excavation … North Slope clearly suffered damages as a result of the differing site condition.

North Counties Hydro-Electric Co. v. United States

170 Ct. Cl. 241 · United States Court of Claims · Apr 16, 1965

The one in 1952 and the one in 1960 appear clearly to have begun with jamming of floating ice against sheet ice in the Starved Rock pool and to have extended continuously from that point upriver to the plaintiff’s dam. … Over a long period of years, before the Starved Rock dam was built, the Fox was not immune to the formation of ice in sufficient quantities and in such form as to damage structures as far up the river as the plaintiff’s property

Hart v. United States

585 F.2d 1025 · United States Court of Claims · Oct 18, 1978

Plaintiff first established his residence in Australia in 1967, and has lived there ever since, acquiring Australian citizenship by naturalization in 1971. For calendar years 1967-70 taxpayer filed U. … The opinion is not qualified in its acceptance of the ten year period as is our Bank of America decision.

Haehn Management Co. v. United States

34 Cont. Cas. Fed. 75,469 · United States Court of Claims · May 31, 1988

In applying a theory of the warranty of specifications, the Armed Service Board of Contract Appeals (the “ASBCA”) held “that the federal specification clearly implies that if a material which meets its criteria by passing … Gaus, the only witness to be qualified as an expert, further testified that no manufacturer has a mixing vessel of 5,000 or 10,000 gallons and that continuous flow means that the “same [identified] raw materials were used

ATL, Inc. v. United States

31 Cont. Cas. Fed. 71,393 · United States Court of Claims · Aug 9, 1983

expectation that the court will utilize the authority conferred by the section “only in circumstances where the contract, if awarded, would be the result of arbitrary or capricious action by the contracting officials, to deny qualified … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

General Electric Co. v. United States

156 Ct. Cl. 617 · United States Court of Claims · Mar 7, 1962

The practical effect of filing such returns was that if a qualified corporation distributed all of its income, it had no tax liability. … It should be clearly understood, however, that the stock is your property and may be retained or disposed of according to your own judgment.

Standard Lime and Cement Company (Formerly Known as the Standard Lime and Stone Company) v. The United States

329 F.2d 939 · United States Court of Claims · Mar 13, 1964

Tax *946 payers, therefore, called as witnesses, two eminently qualified accounting experts to testify as to their opinion with respect to the acceptable accounting treatment to be accorded such items. … This clearly calls for a legal determination of Congressional intent and not a factual choice of the proper and acceptable accounting treatment to be accorded such items.

Rawlins v. United States

646 F.2d 459 · United States Court of Claims · Nov 19, 1980

Its reliance on that case is misplaced as the cases are clearly distinguishable. … He held a public office with tenure, duties and compensation established by law.

ATL, Inc. v. United States

31 Cont. Cas. Fed. 71,958 · United States Court of Claims · Jan 6, 1984

The suspending official shall accept any such findings, unless he specifically determines them to be arbitrary and capricious or clearly erroneous. … But even apart from whether plaintiff is qualified to do work in the private sector (which it asserts is a completely different kind of business), it is difficult to believe that plaintiff could obtain such work in the face

Penberthy Electromelt International Inc. v. United States

33 Cont. Cas. Fed. 74,887 · United States Court of Claims · Dec 5, 1986

When asked whether defendant’s methodology conflicted with financial accounting standards, he initially said they were contrary, but immediately qualified that—“at least in spirit.” … Initially it can be observed that although the work is described, the rationale is not clearly set out.

Muskrat v. United States

44 Ct. Cl. 137 · United States Court of Claims · Jan 4, 1909

1028), set out in Finding X, jurisdiction was conferred upon the court, with the right of appeal, “ to determine the validity ” of certain acts of Congress passed since July 1, 1902, respecting the rights, privileges, and immunities … Clearly this was right, as Goldsby was on the roll and had received a certificate of allotment, which, under section 23 of the act of July 1, 1902 — under which he was enrolled— (32 Stat.

Shank-Artukovich v. United States

34 Cont. Cas. Fed. 75,372 · United States Court of Claims · Sep 29, 1987

The government’s well qualified expert witness Dr. … Since the plaintiff has the burden of establishing entitlement to an equitable adjustment, Nager Elec. Co. v.

Estates of Armiger v. United States

339 F.2d 625 · United States Court of Claims · Dec 11, 1964

(d) Should individuals in the armed services, whose duties do not ordinarily qualify them for extra hazard duty pay be entitled to additional indemnification by the Government when required to travel by air? … It is clearly not true that only those actions of a serviceman which are required (not simply authorized) by regulation or order are within his scope of employment.

Grinnell Corporation v. The United States

390 F.2d 932 · United States Court of Claims · Feb 16, 1968

The 25 percent revenue participation payments to plaintiff had long been established as a deductible business expense to ADT. … Those revenues clearly constituted a flow of ordinary income to plaintiff, as they always had.

Choctaw Nation v. United States

91 Ct. Cl. 320 · United States Court of Claims · Apr 1, 1940

This was clearly such a fund. … But it is clearly established that the government cannot use for the benefit of another or for its own benefit, the funds of the tribe or the amounts due them by the government under an obligation solemnly assumed, and it

Harrison Property Management Co. v. United States

475 F.2d 623 · United States Court of Claims · Mar 16, 1973

On the major issue of whether the management corporation is itself taxable on its income, there are well-established standards which confine and guide our ruling. … On the whole, as our text indicates, we are satisfied that a “true agency” relationship, under the National Carbide standards, was not established.