Case law

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.”

Sealright-Oswego Falls Corp. v. United States

163 F. Supp. 630 · United States Court of Claims · Jul 16, 1958

To qualify for relief under section 444 a number of showings are required. However, the parties have agreed that plaintiff has qualified in every respect except the one which is in question. … The statute clearly makes the capacity for production the basic test.

The William Cramp & Sons Ship & Engine Building Co. v. United States

46 Ct. Cl. 521 · United States Court of Claims · May 29, 1911

into history as a just judge and as worthy of his great office), said for the court over which he presided that evidence could be received to prove that a promise expressed *545 to be for the payment of “ dollars ” without qualifying-words … The inferences of the court clearly appear to have been based not only on the evidence not now presented, but on the erroneous assumption that the Cramp claims were without merit, gotten up for the special purpose of defrauding

Perini Corp. v. United States

381 F.2d 403 · United States Court of Claims · Jul 20, 1967

The 5th Ind indicates that the “Legáis” think they are clearly within their rights to make a change in price under the terms of Article 4. … The order recited, however, that to make progress payments pending final establishment 'of a new unit price, “it is necessary to establish an interim tentative price to be paid prior to 1 January 1955, for the quantities

Freedman v. United States

162 Ct. Cl. 390 · United States Court of Claims · Jul 12, 1963

breach— would come close to (if not reach) the pit of voidness; the Government would in effect promise nothing although the other party would supposedly be bound. 11 Moreover, we have held that general provisions seeming to immunize … the o.o.s.c. granted Dumond a fixed price in this amount to cover the expense of railroad transportation from the Port of Dunkirk *439 to the company yards, under the delivery terms of the Dumond contract plaintiff was clearly

National Metropolitan Bank of Washington v. United States

111 F. Supp. 422 · United States Court of Claims · Apr 7, 1953

Clearly during the life of the contract all funds were within the complete control of Frederick Buchholz. … The plaintiffs are the duly appointed, qualified and acting executors of his will. 2.

Burtt v. United States

176 Ct. Cl. 310 · United States Court of Claims · Jun 10, 1966

The distinction is clearly defined in Bigby v. … Eobert Houlihan, an Army captain who was, by education and experience, a duly qualified psychiatrist. Dr. Houlihan was responsible for the care and treatment of women psychiatric patients at the 98th General Hospital.

Ayres v. United States

186 Ct. Cl. 350 · United States Court of Claims · Dec 13, 1968

The Commander qualified his testimony in an important respect, however, which the commissioner failed to note. … Nevertheless, his sampling of Plum Gut conditions clearly was weighted in favor of benign weather periods.

California v. United States

119 F. Supp. 174 · United States Court of Claims · Mar 2, 1954

The militia of California was not employed in fighting the Confederacy, and, hence, the expenses of maintaining it quite clearly do not come within the provisions of the Act of 1861. … Johnson, being first duly sworn, on oath, deposes and says that he is the duly elected, qualified, and acting State treasurer of the State of California; that as such treasurer he is the custodian and has the possession and

Georgia Kaolin Co. v. United States

145 Ct. Cl. 39 · United States Court of Claims · Feb 11, 1959

Safety boundaries were established by the defendant «within which fire directed from Iverson and Bartow ranges &t Kaolin Hill was to be confined. … The military dedudding teams comprised specially trained personnel with highly qualified and experienced officers in charge. The operations were efficiently conducted. 20. a.

Roscoe-Ajax Construction Co. v. United States

499 F.2d 639 · United States Court of Claims · Jun 19, 1974

And insofar as defendant seeks to limit S & E Contractors to a contractor’s suit for payment withheld, that very restricted reading seems clearly wrong. … It is also noteworthy that when the Court discusses administrative “decisions,” it often qualifies that term with the words “disputes” or “disputes clause.”

Twin Disc, Inc. v. United States

10 Cl. Ct. 713 · United States Court of Claims · Aug 27, 1986

Thus, DX-11, the Italian patent, can anticipate claim 1 of the ’961 patent, without having to qualify as analogous prior art. … CUTHBERT: if we establish that convention, very well. MR. MILLER: Fine. ****** DR.

Aurex Corp. v. United States

175 Ct. Cl. 1 · United States Court of Claims · Apr 15, 1966

This drastic and unexplained overstatement of the company’s renegotiation liability, in 1947, clearly affected its peacetime activities. … (b) Bead as a whole, the evidence clearly sustains the correctness of the defendant’s admission.

Waxman v. United States

112 F. Supp. 570 · United States Court of Claims · May 5, 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. … Act under the criterion established for such relief constitutes a bar under the Lucas Act?

Watson v. United States

137 Ct. Cl. 557 · United States Court of Claims · Mar 6, 1957

Before the expiration of the six months, Buggies was suspended by the quartermaster without pay on the ground that he was not qualified for the duties of the office, of which fact he was notified in writing. … Such a regulation was held by the Supreme Court in the Wiclcersham case to be clearly within the scope of the broad provisions of the 1883 Civil Service Act.

Johns-Manville Corp. v. United States

34 Cont. Cas. Fed. 75,361 · United States Court of Claims · Aug 6, 1987

157, 55 Stat. 236 , to expand section 2(a) to reach, inter alia, subcontracts; materials could be allocated when a shortage was apparent, not merely when a material was inadequate to meet defense needs; and a supplier was immune … provides for extension of the insurance policy for CPFF insurance to fixed-price subcontractors (Johns-Manville was a subcontractor at private shipyards), it states that both the prime and subcontractor’s contracts “should clearly

Lula A. McGlasson v. The United States

397 F.2d 303 · United States Court of Claims · Jun 14, 1968

If total disability for useful and efficient service is established, please show when such total disability began. … If total disability for useful and efficient service is established, please show when such total disability began. See also instructions on Form 3135.

Chase & Rice, Inc. v. United States

354 F.2d 318 · United States Court of Claims · Dec 17, 1965

Payroll and withholding taxes payable to the Government are in the sum of $62,876, which appears to be clearly in excess of the contractor’s assets available for the payment of general creditors. … Simon produced at the trial copies of several of plaintiff’s profit and loss statements and balance sheets which were “qualified” by a statement to the effect that the amounts appearing thereon were taken from plaintiff’s

Wertheimer Construction Corp. v. United States

406 F.2d 1071 · United States Court of Claims · Feb 14, 1969

of NCHA, who frequently visited the project site during the construction, testified that there was *856 no delay to group 2 buildings because of the delay in group 1 buildings, but thereafter, under cross-examination, he qualified … (i) Although the evidence clearly supports plaintiff’s contention that the buildings referred to were substantially completed at the times indicated, the record establishes that there remained much corrective work to be done

Luria Bros. & Co. v. United States

369 F.2d 701 · United States Court of Claims · Dec 16, 1966

Wage and material price increases after expiration of the original date of completion established in the contract_ 37, 041.33 *709 8. … The foundation work would have been completed in June 1953, if there had not been a redesign of the foundations, and clearly before the winter of 1953-54.