Case law

Mariner v. United States

1 Cl. Ct. 430 · United States Court of Claims · Feb 28, 1983

Eurell v. United States, 215 Ct.Cl. 273, 279 , 566 F.2d 1146, 1150 (1947). The effect and rationale of the doctrine was lucidly stated by the former Court of Claims in Brundage v. … Army Regulation 40-3, Chapter 7, governs the composition and use of Medical Boards.

Albert Piccone v. The United States

407 F.2d 866 · United States Court of Claims · Feb 14, 1969

“Exhaustion” would normally include the employee’s appeal rights, within the Civil Service Commission, to the Board of Appeals and Review. … Adler v. United States, supra; Cuiffo v. United States, 137 F.Supp. 944 , 131 Ct.Cl. 60 (1955); Bowling v. United States, 181 Ct.Cl. 968 (1967); Ainsworth v. United States, 180 Ct.Cl. 166 (1967); Mallow v.

Spears v. United States

230 Ct. Cl. 1005 · United States Court of Claims · May 28, 1982

After a hearing, the Field Office of the Merit Systems Protection Board found the following hard facts which are indisputably supported by the record: Plaintiff George L. … See, for the correctness of this general approach, Bonnar v. United States, 194 Ct. Cl. 103, 145 (1971), 438 F.2d 540 .

Ancker v. United States

116 Ct. Cl. 384 · United States Court of Claims · Mar 6, 1950

Justice Story in United States v. Morse, 3 Story 87 , Fed. Case No. 15820, 27 Fed. … Sullivan v. United States, 92 C. Cls. 154 .

Talley Industries, Inc.

201 Ct. Cl. 873 · United States Court of Claims · Mar 30, 1973

“We pointed out in Sandnes’ Sons, Inc. v. … We said, upon the non-filing of a bond, the Government’s claim for assistance of a court in “execution” of the Board’s order was a “compulsory counterclaim” under our Eule 40 (a).

North Pacific Grain Growers, Inc. v. United States

90 Ct. Cl. 189 · United States Court of Claims · Jan 8, 1940

McKelvie, a member of the Board, that the defendant would protect plaintiff from any loss by reason of withholding grain from the market during stabilization operations of the Federal Farm Board on the 1930 crop by protecting … In Tillson v. United States, 100 U.

C. L. Maguire Petroleum Co. v. United States

68 Ct. Cl. 198 · United States Court of Claims · Jun 3, 1929

If the Secretary of War selects a board as his authorized representative to hear and determine any such claims, doubts, or disputes, the decision of the majority of said board shall be deemed to be the decision of the board … Co. v. United States, No. E-92, decided January 7, 1929 [ 66 C. Cls. 576 ]. See also Curtis v. United States, 34 C. Cls. 1, 4 .

Garrett v. United States

70 Ct. Cl. 304 · United States Court of Claims · Jun 2, 1930

In Braden v. United States, 16 C. … Under the rule announced in Braden v.

H. L. Yoh Co., Inc. v. United States

288 F.2d 493 · United States Court of Claims · Apr 7, 1961

In Fehlhaber Corporation v. … In other cases, Ruff v. United States, 1942, 96 Ct.Cl. 148 ; Virginia Engineering Co., Inc., v. United States, 1944, 101 Ct.Cl. 516 ; Loftis v.

Aurex Corp. v. United States

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

Co. v. United States, 173 Ct. Cl. 836, 840-41 , 353 F. 2d 1018 , 1020-21 (1965); Harvey-Whipple, Inc. v. United States, supra, at 699, 342 F. 2d at 53-54 ; Rocky River Co. v. United States, 169 Ct. … Cl. 203, 207-08 (1965); North Counties Hydro-Electric Co. v. United States, 170 Ct. Cl. 241, 248-49 (1965); MacArthur Mining Co. v. United States, 167 Ct. Cl. 143, 146 (1964); Clark v.

Hambsch v. United States

12 Cl. Ct. 744 · United States Court of Claims · Jul 27, 1987

On June 16, 1983, Officer Hambsch requested that a board be convened to hear his appeal. … Officer Hambsch appealed the decision of the Board to the Chief of the Uniformed Division.

A. J. Industries, Inc. v. The United States

388 F.2d 701 · United States Court of Claims · Dec 15, 1967

V, 1-6-58). … Bradley was a member of plaintiff’s board from 1944 to 1959 and had recommended to the board against reopening the mine since 1952. Mr. Crockett became a member of the board in 1956.

McCarthy v. United States

7 Cl. Ct. 390 · United States Court of Claims · Feb 12, 1985

In Sanders v. … Such action by the Board constitutes legal error which merits *394 judicial relief. See Sanders v. United States, supra, 219 Ct.Cl. at 301-302 , 594 F.2d at 813 . .

Manpower Inc. of Tidewater v. United States

513 F.2d 1396 · United States Court of Claims · Apr 16, 1975

Cl. 10, 18 , 385 F. 2d 421, 425-26 (1967); New York Shipbuilding Corp. v. United States, 180 Ct. Cl. 446, 462 , 385 F. 2d 427, 436 (1967); Oliver-Finnie Co. v. United States, 150 Ct. … In Sun Shipbuilding & Dry Dock Co. v. United States, 198 Ct.

Foster v. United States

18 F. Supp. 790 · United States Court of Claims · Apr 5, 1937

The plaintiffs also cite the case of Horrmann v. … The Board of Tax Appeals on March 15, 1937, entered a memorandum opinion in the case of Craig, Executor, v. Commissioner, which involved the same facts and pertained to the same estate as the case’ at bar.

Neal v. United States

177 Ct. Cl. 937 · United States Court of Claims · Dec 16, 1966

Middleton v. United States, 110 Ct. Cl. 36 , 39-40 (1965). There the plaintiff had admitted in writing his passive participation in an uncompleted homosexual act. … The defendant places some reliance on Grant v. United States, 162 Ct. Cl. 600 (1963), but a reading of the case demonstrates its inapplicability.

Corbetta Construction Co., Inc. v. The United States

408 F.2d 450 · United States Court of Claims · Mar 14, 1969

See Seeds v. United States, 92 Ct.Cl. 97 (1940), cert. denied, 312 U.S. 697 , 61 S.Ct. 731 , 85 L.Ed. 1131 (1941) ; Cannon Construction Co. v. … United States, 319 F.2d 173 , 162 Ct.Cl. 94 (1963) ; Brock & Blevins Co., Inc. v. United States, 343 F.2d 951 , 170 Ct.Cl. 52 (1965) ; Columbus Jack Corp. v. United States, 170 Ct.Cl. 902 (1965) (order).

Bateson-Stolte, Inc. v. The United States

305 F.2d 386 · United States Court of Claims · Jul 18, 1962

In Beuttas v. … In Kirchhof et al. v.

Dresser Operations, Inc. v. United States

121 F. Supp. 619 · United States Court of Claims · Jun 8, 1954

Plaintiff cites in support of this contention the case of Blanchard Machine Co. v. Reconstruction Finance Corporation Price Adjustment Board, 177 F. 2d 727 , cert. den. 339 U. S. 912 . … S. 953 ; Hickey v. United States, 116 C. Cls. 241 ; Lichter v. United States, 334 U. S. 742 ; Aircraft & Diesel Equipment Corp. v. Hirsch, 331 U. S. 752, 767, 781 ; Macauley v. Waterman Steamship Corp., 327 U.

Pitts v. United States

1 Cl. Ct. 148 · United States Court of Claims · Jan 27, 1983

E.g., Richardson v. Perales, 402 U.S. 389, 402 , 91 S.Ct. 1420, 1427 , 28 L.Ed.2d 842 (1971); Duvall v. United States, 227 Ct.Cl. 245, 250 , 647 F.2d 131, 134 (1981); Cooper v. … The functions of the Appeals Review Board are now vested in the Merit Systems Protection Board pursuant to section 202 of the Civil Service Reform Act of 1978 ( 5 U.S.C. § 1205 (Supp. V 1981)).