Case law

Williams & Wilkins Co. v. United States

487 F.2d 1345 · United States Court of Claims · Nov 27, 1973

Congressional declaration of purpose; establishment. … (a)Establishment; composition; * * * There is established in the Public Health Service a Board of Regents of the National Library of Medicine * * *.

Flippin Materials Co. v. United States

312 F.2d 408 · United States Court of Claims · Jan 11, 1963

As noted in the finding above, boring logs for the dam clearly indicated to bidders the presence of subsurface cavities which were described as either open, clay-filled or partially clay-filled. … Any adjustment by this Board, therefore, must be authorized under the express terms of the contract as applied to established circumstances.

United Construction Co. v. United States

120 F. Supp. 760 · United States Court of Claims · May 4, 1954

Notice to proceed was issued by the defendant on April 10, 1945, and acknowledged by the contractor on April 12, 1945, thereby establishing the date for completion of all work under the contract as July 21,1945. … The Construction Engineer testified that he chose as the source in each instance the measurement which he thought most accurate. ‡ ‡ $ As the Construction Engineer was a qualified engineer, experienced in the type of work

Tabb Lakes, Inc. v. United States

26 Cl. Ct. 1334 · United States Court of Claims · Oct 2, 1992

South Carolina Coastal Council, — U.S. —, —, 112 S.Ct. 2886, 2983 , 120 L.Ed.2d 798 (1992). 16 A temporary taking that denies an owner “all use of his property ... clearly requires compensation.” … Loveladies, currently on appeal to the Federal Circuit, runs contrary to the established precedents of Deltona and Jentgen .

Foster v. United States

2 Cl. Ct. 426 · United States Court of Claims · Apr 7, 1983

Dogmatism is clearly out of order in a modern valuation case. A number of techniques have been employed to arrive at a monetary equivalent to the theoretical fair market value. … profitably 60,000 tons of the projected annual demand for riprap; failure to include in the calculations an analysis of start-up costs, including capital investment in machinery and transportation equipment, and assembly of qualified

Shaffer v. United States

121 F. Supp. 656 · United States Court of Claims · Jun 8, 1954

The Navy inspected the plaintiff’s, plant and advised it that it could not qualify as a satisfactory source of Navy supply unless it proposed to expand its facilities. … Your request for eliminating such a condition clearly implies that your company or the Seaboard Surety Company, your surety, or both, consider that there exist fundamental defects to the right, of the Government, after giving

Global Van Lines, Inc. v. United States

456 F.2d 717 · United States Court of Claims · Mar 17, 1972

“Destination” is clearly and simply defined in defendant’s own regulations as the “City, *597 state/country” specified in the GBL as the “destination”. … Plaintiff must establish in a positive *613 way its right to recover on each claim asserted in the litigation. XI.

Estate of Joseph P. Grace, Deceased, Michael P. Grace, Ii, Joseph Peter Grace, Jr., and Charles MacDonald Grace, Executors v. The United States

393 F.2d 939 · United States Court of Claims · Apr 19, 1968

Grace as a person was not induced or caused to establish her trust by the previous establishment of Joseph's trust. See finding 12(e). … Grace, II, Joseph Peter Grace, Jr., and Charles MacDonald Grace are the duly qualified and acting executors of the decedent's estate, and as such are qualified to bring this suit. 146 28.

Adler Construction Co. v. United States

423 F.2d 1362 · United States Court of Claims · Apr 17, 1970

Furthermore, the evidence reasonably established that except for the errors the prices for the various items *629 would bave been as alleged. … qualified as Changed Conditions under Article 4 of the contract. 38.

Brown-Forman Distillers Corp. v. United States

132 F. Supp. 711 · United States Court of Claims · Jul 12, 1955

dependent upon the capacity, resourcefulness, and assiduity which its executive officers personally give to it, and incentive compensation is a prudent method of instilling additional enthusiasm in these leaders and is clearly … Also pertinent is opinion evidence, supported by facts, of qualified experts in the industry as to the reasonableness of the compensation paid.

Estate of Fairbank ex rel. Fairbank v. United States

164 Ct. Cl. 1 · United States Court of Claims · Jan 24, 1964

However, the evidence is not sufficient to establish this contention. … In many of the fields the line of development on the surface clearly coincides with the anticlinal line underground * * *.

Big Chief Drilling Co. v. United States

38 Cont. Cas. Fed. 76,418 · United States Court of Claims · Sep 25, 1992

Ford is not only a qualified driller, but, also was the government’s “eyes and ears” at the site. … In this case, the defendant clearly breached its contract with the plaintiff.

Washington Medical Center, Inc. v. United States

545 F.2d 116 · United States Court of Claims · Oct 20, 1976

The holding on estoppel in the above 1776 K Street Associates case -is clearly inapposite in the present case because the decision there was based on the lack of authority of the District of Columbia Council to charge for … The common law no longer controlled or even applied to the establishment of the alleys.

Companhia Atlântica de Desenvolvimento e Exploração de Minas v. United States

180 F. Supp. 342 · United States Court of Claims · Jan 20, 1960

The technical director of a mine is the one better qualified to judge its potentiality. … The requirements were: either a certified graduate engineer or “a qualified technical agent.”

Favell v. United States

16 Cl. Ct. 700 · United States Court of Claims · Apr 26, 1989

If a team does not qualify for the play-off or Cup games, the off-season begins in early April. If, however, the hockey team makes the play-offs, the off-season could begin as late as June. … Clearly, the only duties to which this paragraph can be referring are the player’s obligations to play hockey and promote the sport of hockey, pursuant to paragraph 2 of the Standard Player’s Contract, to which a player’s

Davidson Corp. v. United States

159 Ct. Cl. 421 · United States Court of Claims · Dec 5, 1962

by skilled and qualified pressmen and which are commonly and commercially known as printing presses. … It referred to the Davidson patents on “printing presses,” and stated that “such patents have no application to ‘duplicating’ in the sense in which that word is clearly understood in administrative offices and business institutions

Moorland Court, Inc. v. United States

357 F.2d 362 · United States Court of Claims · Mar 18, 1966

The letter further stated: It should be clearly imderstood by all parties to the agreement that the Federal National Mortgage Association will give further consideration to proceeding with the loan only if the supplementary … (b) On the same day, Taylor sent a letter to Swanson suggesting certain changes which would qualify and limit a provision in the agreement whereby the parties indemnified FNMA and FHA.

Central Trust Co. v. United States

305 F.2d 393 · United States Court of Claims · Jul 18, 1962

When the comparative appraisal method is employed the comparatives should be clearly identified and consistently used for all purposes. … This Heekin plant, which was a one-line operation, was established in 1952.

Tlingit & Haida Indians v. United States

389 F.2d 778 · United States Court of Claims · Jan 19, 1968

Clearly, however, it is not bound, unless it chooses to be, by stipulations as to what the law is, or involving or incorporating a legal conclusion, Sanford's Estate v. … Marc Miller, a competent and qualified real estate appraiser.

Saul Bass & Associates v. United States

505 F.2d 1386 · United States Court of Claims · Jul 19, 1974

You are thus clearly at liberty, henceforth to proceed with any other design organization of your choice. … Saul Bass and Marsh testified that Elaine Bass was a qualified designer and a regular member of SBA’s staff and that she participated in the meetings for which her expenses were charged (except the return trip from Rome discussed