Case law

Guzman v. Department of the Navy

231 Ct. Cl. 1005 · United States Court of Claims · Sep 17, 1982

Menchavez v. Office of Personnel Management, ante at 924; Valenzuela v. Office of Personnel Management, ante at 907; Castro v. Office of Personnel Management, ante at 867; Cubacub v. … Without oral argument, the final opinion and order of the Merit Systems Protection Board, dated May 31, 1981, is AFFIRMED.

Lockheed Aircraft Corporation v. The United States

375 F.2d 786 · United States Court of Claims · Apr 14, 1967

The primary question may be one of law, but it can be decided by the Board because it arises under the contract — i. e., the parties bargained to resolve it administratively. Morrison-Knudsen Co. v. … Pressed Steel Car Company, Inc. v.

Magnavox Electronic Systems Co. v. United States

38 Cont. Cas. Fed. 76,414 · United States Court of Claims · Oct 9, 1992

Safety Sys., Inc. v. … Resolution Trust Corp. v. Elman, 949 F.2d 624, 626 (2d Cir.1991); Chez Sez III Corp. v.

Pleasant Excavating Co. v. United States

229 Ct. Cl. 654 · United States Court of Claims · Dec 8, 1981

Plaintiff, Pleasant Excavating Co., seeks review of the United States Department of Agriculture Board of Contract Appeals (Board) decision denying its claim for an equitable adjustment under the changed conditions clause … We grant defendant’s motion supporting the Board’s decision and deny plaintiffs.

RFI Shield-Rooms

513 F.2d 638 · United States Court of Claims · Jan 24, 1975

See Zidell Explorations, Inc. v. United States, 192 Ct. Cl. 331 , 427 F. 2d 735 (1970); Clement Brothers Co. v. United States, 190 Ct. Cl. 50 , 418 F. 2d 1350 (1969); Sun Shipbuilding & Dry Dock Co. v. … Aerojet-General Corp. v. United States, supra.

Field Enterprises, Inc. v. The United States

348 F.2d 485 · United States Court of Claims · Jul 16, 1965

Brown v. … The taxpayer in Brown v. Helvering, supra, was a general agent for fire insurance companies. Eor each policy written, Brown received an “overriding commission.”

Gold v. United States

20 Cl. Ct. 129 · United States Court of Claims · Apr 11, 1990

But while certain courts have held that proceedings before a correction board are significant when assessing whether the statute of limitations has run, see, e.g., Dougherty v. … [Wilson v. United States, 231 Ct. Cl. 958 (1982)]; Eurell v. United States, 566 F.2d 1146 , 215 Ct. Cl. 273 (1977); [Kirby v. United States, 201 Ct.

Abbott v. United States

151 F. Supp. 929 · United States Court of Claims · May 8, 1957

We held in Poggas v. United States, 93 F.Supp. 1009 , 118 Ct. … In 1948 he appointed a Special Board to consider pilot pay rates, and took the action which the Board recommended.

Perry and Wallis, Inc. v. The United States

427 F.2d 722 · United States Court of Claims · Jun 12, 1970

See Franklin Company v. United States, 381 F.2d 416 , 180 Ct.Cl. 666 (1967); City of Memphis, etc. v. Ford Motor Co., 304 F.2d 845, 849 (6th Cir. 1962); and Cresswell v. … And, as we held in Bishop Engineering Co. v.

Burnett Construction Company v. The United States

413 F.2d 563 · United States Court of Claims · Jul 16, 1969

Teer Co. v. … Keco Industries, Inc. v. United States, 364 F.2d 838, 850 , 176 Ct.Cl. 983, 1002 (1966); cf. Bruce Construction Corp. v. United States, 324 F.2d 516, 518 , 163 Ct.Cl. 97, 100 (1963).

Lawrance Aeronautical Corp. v. United States

130 F. Supp. 603 · United States Court of Claims · Apr 5, 1955

Daniel Hamm Drayage Co. v. Willson, 178 F. 2d 633 . The Board denied jurisdiction to consider a termination claim in Proceeding 159. … Victoria Mines, Inc., v. United States, No. 50344, decided November 30, 1954; Rice Barton Corporation v. United States, 115 C. Cls. 575 .

Night Hawk Leasing Co. v. United States

18 F. Supp. 938 · United States Court of Claims · Apr 5, 1937

'On March 13, 1930, the Board of Tax Appeals decided against the plaintiff, Night Hawk Leasing Co. v. … Immediately thereafter plaintiff took an appeal from the decision of the Board to the Circuit Court of Appeals for the District of Columbia and that court, in March 1932, reversed the decisión of the Board and held that plaintiff

Northwestern Industrial Piping, Inc. v. United States

467 F.2d 1308 · United States Court of Claims · Oct 13, 1972

On the other hand, Board decisions on questions of law are not entitled to finality ( 41 U.S.C. § 322 ) ; no presumption of correctness attaches to them and they are not binding on the court. Gorn Corp v. … The Board’s decision herein is not binding on the court because the interpretation of contract specifications is a question of law. Corbetta Constr. Co. v. United States, 198 Ct.

Howatt v. United States

657 F.2d 1204 · United States Court of Claims · Aug 19, 1981

See Tucker v. United States, 224 Ct. Cl. 266, 273-74 , 624 F.2d 1029, 1032-33 (1980); Weinberg v. Macy, 360 F.2d 816, 819 (D.C. Cir. 1965). … SEC v. Chenery Corp., 318 U.S. 80, 88 (1943). We therefore remand the case to the Merit Systems Protection Board to reconsider charge (a) in accordance with this opinion. See Cooper v. United States, 226 Ct.

Teitelbaum

165 Ct. Cl. 677 · United States Court of Claims · Apr 17, 1964

The Board rejected the application on July 5,1962, and on April 10,1963, suit was filed to recover disability retired pay on the ground that the action of the Correction Board was arbitrary, capricious, unsupported by substantial … Cl. 197 , 301 F. 2d 674 ; Friedman, Executrix v. United States, 159 Ct. Cl. 1 , 310 F. 2d 381 , cert. denied sub nom. Lipp et al. v. United States, 373 U.S. 932 ; Merriotty. United States, 163 Ct.

Erickson v. United States

1 Cl. Ct. 163 · United States Court of Claims · Jan 31, 1983

Costello v. United States, 365 U.S. at 282 , 81 S.Ct. at 543 ; Adkins v. United States, Ct.Cl. No. 420-80 (order entered September 29, 1981). … The pronouncement in Adkins v. United States, Ct.Cl.

Bata Shoe Co. v. United States

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

the Board. … Co. v. United States, 212 Ct. Cl. 226, 230 , 546 F.2d 386, 388 (1976) (court can make "sideways glance” at Board decision); Mills Mfg. Corp. v. United States, 215 Ct.

Morgan v. United States

11 Cl. Ct. 88 · United States Court of Claims · Oct 23, 1986

E.g., Haldane v. United States, 1 Cl.Ct. 691, 693 (1983) (citing cases); see also Heisig v. United States, 719 F.2d 1153, 1156 (Fed.Cir.1983). … Friedman v.

Macleod v. United States

45 Ct. Cl. 339 · United States Court of Claims · May 2, 1910

(Haver v. Yaker, 9 Wall., 32 .) As was said by Mr. Justice Brown in Dooley v. United States ( 182 U. … (Taylor's International Law, 467; Carlisle v.

John Wright Register v. United States

281 F.2d 448 · United States Court of Claims · Jul 15, 1960

Clark v. United States, Ct.Cl., 281 F.2d 444 . … Abarr v. United States, 153 F.Supp. 387 , 139 Ct.Cl. 748 . The factual basis for plaintiff’s claim may be stated briefly as follows: On July 16, 1945, plaintiff was serving aboard the U. S .S.