Case law

Madigan v. United States

142 Ct. Cl. 641 · United States Court of Claims · Jun 4, 1958

Hence, while, as stated above, these two formulas for crediting leave are contained in the same act, it clearly appears that each forms the basis of a separate leave system, one system for temporary employees and one system … Any break in service requires the establishment of a new “service month” after return to duty. SICK LEAVE * Advantages: 1.

Feener Technical Schools, Inc. v. United States

141 F. Supp. 777 · United States Court of Claims · Jun 5, 1956

A reading of the letter, set out in finding 6, clearly shows that no contract was intended, but rather an understanding between the parties as to what were the customary charges of the plaintiff. … [Footnote omitted.] # * jfc Jfc ‡ As shown by the facts in this case, the applicant cannot qualify its courses as customary cost of tuition *134 courses.

Gorham v. United States

119 F. Supp. 409 · United States Court of Claims · Mar 2, 1954

The company was established in 1892 by Myron C. Dow and Charles E. … This in indicated in the qualified nature of our findings in this respect.

Kennedy v. United States

164 Ct. Cl. 507 · United States Court of Claims · Feb 14, 1964

The telegram of February 20 clearly and unmistakably informed defendant that no resumption of operations could be contemplated without an immediate infusion of cash into the floundering business. … Kennedy qualified, and is at present serving, as trustee in bankruptcy for Greenstreet. He filed the present action in that capacity. 44.

Eastern School, a Partnership Consisting of Frank Simon, Benjamin Eizenman, Oscar Goldman, Phillip Laster and Samuel Frank v. The United States

381 F.2d 421 · United States Court of Claims · Jul 20, 1967

Clearly, therefore, the failure to plead section 2514 at the outset would not bar its invocation if the fraud occurred after the pleadings had closed. … Clearly too the falsity, though begun earlier, continues after the pleadings have closed if the claimant in testimony or otherwise continues to assert what is actually not true.

Cohn v. United States

15 Cl. Ct. 778 · United States Court of Claims · Nov 21, 1988

Milis, that he had reviewed plaintiffs performance, and that plaintiff was qualified for the assignment to begin on October 12, 1983. The July 7 report also states that First Lt. … This argument would eradicate established case law that discharge proceedings are reviewable when challenged on the basis that regulations have been violated. See, e.g., Bray v.

Leesona Corp. v. United States

599 F.2d 958 · United States Court of Claims · May 16, 1979

Krupp, 224 U.S. 290, 305 , 32 S.Ct. 488, 491 , 56 L.Ed. 771 (1912), clearly construed it as following the Harlan theory. … However, as noted above, it is axiomatic that any suit against the government requires an express waiver of the government’s immunity from suit.

Carlo Bianchi & Co. v. United States

169 F. Supp. 514 · United States Court of Claims · Jan 14, 1959

The Cabot firm was unusually qualified in that kind of work. The work of driving the tunnel was accomplished essentially on schedule, in a workmanlike manner and with dispatch, but not without difficulty. 8. … Contract drawing sheet No. 24 clearly indicates tunnel protection 50 feet back from the face of each portal of the tunnel. e.

Equipment, Inc. v. United States

30 Cont. Cas. Fed. 70,427 · United States Court of Claims · Oct 8, 1982

While operating in a peaceful country would not have made Equipment, Inc. immune from labor difficulties, the causes of the labor problems were often war-related. … Silberman was qualified as an expert in the area of economics and finance as they apply to the transportation industry. 93. Dr.

Acme Process Equipment Co. v. United States

171 Ct. Cl. 324 · United States Court of Claims · Jun 11, 1965

There is no reason to qualify or limit the general sweep of the contract words. … Furthermore, the scheme was carried out by the corporation’s sole stockholders, whose personal intent to defraud the united States was clearly established.

Commercial Cable Co. v. United States

184 Ct. Cl. 597 · United States Court of Claims · Jun 14, 1968

The evidence in the record clearly shows— and the plaintiff does not make any contention to the contrary — that up until the beginning of May 1956, at least, the defendant rendered to the plaintiff all the assistance that … The approval of the government of Denmark was necessary for the establishment of a cable landing site in Greenland. 16.

White Mountain Apache Tribe v. United States

11 Cl. Ct. 614 · United States Court of Claims · Feb 6, 1987

Whether plaintiff could qualify for a loan in the 1900-1920 period or even federal funding as a reclamation project is speculative. … This finding that the Government is responsible for overgrazing must be qualified, however.

Paul v. United States

20 Cl. Ct. 236 · United States Court of Claims · Apr 23, 1990

Relief in this court is barred by the doctrine of sovereign immunity when a statute fixes a limitations period. … Even if we were to hire a qualified person, it will take him many months to digest the material and get his campaign underway. Let’s move toward a professionally managed endeav- or. 116.

Town of North Bonneville v. United States

11 Cl. Ct. 694 · United States Court of Claims · Feb 20, 1987

The number of residents and businesses desiring relocation was marginal, under the Corps’ standards, to qualify for replacement facilities. … In this case, both parties rely heavily on the testimony and reports of expert witnesses; plaintiff qualified nine expert witnesses, defendant qualified three. 17 *714 Plaintiffs expert witnesses included representatives

Mason & Hanger-Silas Mason Co. v. United States

518 F.2d 1341 · United States Court of Claims · Jun 25, 1975

It seems apparent to me that the Government could qualify as experts many of those who participated in making the Board decision, either in a member or staff capacity. … The explosives in some cases must be recrystalized and formulated with other chemicals to establish weapon quality materials. These also must be tested to establish detonation characteristics.

Sanders v. United States

594 F.2d 804 · United States Court of Claims · Feb 21, 1979

Plaintiff here does not have to show the prejudicial OERs were the "sole and exclusive” reason for nonselection to qualify for correction board relief. … Payment of money damages was thus clearly contemplated as stemming from corrections. On the distinction between error and injustice, see Reale v. United States, 208 a.

Carlo Bianchi & Co. v. United States

157 Ct. Cl. 432 · United States Court of Claims · May 9, 1962

The plaintiff in the exercise of sound judgment had engaged the services of numerous independent *461 qualified engineers for consultation as to what might be required in the way of support for the tunnel. … In accordance with established engineering practice, when references are made to “right” or “left” it is assumed that one is facing downstream.

MacArthur Mining Co. v. United States

167 Ct. Cl. 143 · United States Court of Claims · Jul 17, 1964

The record clearly demonstrates that even on the quotas assigned, excess margins were made. … The defendant contended in its motion to dismiss that the action was in substance against the united States which had not waived its immunity from suit; that the United States was an indispensable party; that plaintiff had

Howard v. United States

5 Cl. Ct. 334 · United States Court of Claims · May 15, 1984

Beneficiaries such as plaintiffs who bought shares of an already established trust would therefore be no less “associates” than those who had initially *343 formed the enterprise. … Plaintiffs forcefully contend that GNIOP does not possess the requisite business purpose to qualify as an “association.”

Chicago & Alton Railroad v. United States

49 Ct. Cl. 463 · United States Court of Claims · May 18, 1914

Other cases, some of which may at first view be thought to qualify the rule easily deducible from the foregoing authorities, may be collected as follows: In Binns v. United States, 194 U. … The rule was established for finding the average weight, the statute authorized contracts based upon such average weight, and the period of the contracts could be four years.