Case law

Foster Construction C. A. And Williams Brothers Company, a Joint Venture, Etc. v. The United States

435 F.2d 873 · United States Court of Claims · Dec 11, 1970

Divers must work at substantial depths in murky water and cannot see clearly how to handle the rocks which must be removed from below the piles as they are being driven downwards. … The order establishes that at pier 4 plaintiff encountered “an unstable foundation condition” and an “excessive amount of water."

International Harvester Co. v. United States

169 Ct. Cl. 821 · United States Court of Claims · Mar 12, 1965

Defendant claims that the new unit price of $11,438.01, being based on the already established unit price of Model M-54’s of $10,760.86, with clearly identifiable adjustments for equipment changes, contains therein Federal … Contractors whose accounting systems are sufficiently good to qualify for the initial inclusion of either article would ordinarily maintain running cost figures as production proceeds,_ and may be relied upon to serve a demand

Mole Lake Band v. United States

134 Ct. Cl. 478 · United States Court of Claims · Apr 3, 1956

As hereinafter used in these findings the term is intended in its generic sense of so-called swamp lands unless qualified to give it specific meaning.. ‘ Cf., finding 21 (d). … Must the State lose the land, though clearly swamp land, because that officer has neglected to do this?

Estonian State Cargo & Passenger Steamship Line v. United States

139 F. Supp. 762 · United States Court of Claims · Apr 3, 1956

We think these sales alone do not establish market value. The British Government had imposed severe restrictions on the sale and use of all British vessels. … Cls. 809 ), stating in part: Under the uncontroverted facts in this case, plaintiff is clearly not entitled to recover and its petition is therefore dismissed.

Fawick Corp. v. United States

149 Ct. Cl. 623 · United States Court of Claims · May 4, 1960

It felt that there was no misunderstanding whatsoever that Winslow was taking title subject to the dormant estate and that the sale documents, as it interpreted them, clearly so provided. … (e) The position taken by GSA with respect to Plancor 76 was in accordance with the established administrative practice that was and still is consistently applied.

Aerojet-General Corp. v. United States

467 F.2d 1293 · United States Court of Claims · Oct 13, 1972

If plaintiff had a right to rely on the official figures I question whether the other warning flags, which clearly did exist, were sufficient to establish that plaintiff could have avoided its loss by due care. … (b) From May 15 through 17,1964, four technically qualified representatives of Rosenblatt visited Gibbs to estimate the percentage completion of the OSSes.

Chevron Oil Co. v. United States

471 F.2d 1373 · United States Court of Claims · Jan 18, 1973

The agreements among the three parties involved in these transactions clearly involve more than a simple secured debt. … As amended, a carved out production payment is required to be treated as a mortgage loan on the property and does not qualify as an economic interest in the mineral property. 26 U.S.C. § 4361 (1970). Treas.

Laughlin v. United States

22 Cl. Ct. 85 · United States Court of Claims · Nov 27, 1990

Nor did plaintiff establish that earlier, more extensive flood control releases by the Bureau would have resulted in less or no damage to plaintiffs farmland. … The Claims Court stated “the evidence ... show[s] clearly that the United States, ... did take by inverse condemnation a temporary flowage easement over the bottom land on the Cooper farm during the 1979-84 period....”

Union Pacific Railroad v. United States

524 F.2d 1343 · United States Court of Claims · Oct 22, 1975

Both witnesses qualified as entitled to testify to their opinions. (a) Qualifications of the Plamtiff's Expert 212. Plaintiff offered the testimony of Mr. … From then on it rose to establish a new high of 51% in November. Monthly price fluctuations in calendar 1899 were as follows: 417.

The Central Trust Company and Albert E. Heekin, Jr., Co-Executors of the Estate of Albert E. Heekin, Deceased v. The United States. Katharine Heekin Herrlinger, James R. Heekin, Jr., and the Central Trust Company, Executors Under the Will of James J. Heekin, Deceased v. The United States. The Central Trust Company, Successor and Trustee Under the Will of Alma R. Heekin, Deceased v. The 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.

Harvey-Whipple, Inc. v. United States

342 F.2d 48 · United States Court of Claims · Mar 12, 1965

Plaintiff proposed to establish an automatic line for the assembly operation and the spray paint facilities. 11. … As to the pick-blade “bite” problem, plaintiff stated, in part: * * * This interference may be seen clearly by inspection of current production. * * * In testing these tools to ultimate destruction we have found a number

Kenite Corp. v. United States

157 Ct. Cl. 721 · United States Court of Claims · Jun 6, 1962

The record in this case, as indicated by extensive findings of fact by the commissioner and which we adopt, clearly shows that the moisture content of plaintiff’s deposits did not exceed 25 percent prior to the construction … Jones’ investigations established the high moisture content.