Case law

Berenholz v. United States

1 Cl. Ct. 620 · United States Court of Claims · Nov 23, 1982

This is significant because it clearly establishes the necessity of the Corps to closely monitor the repairs made to plaintiff’s east dike under the un *631 precedented flooding conditions which existed in the spring of 1973 … In addition, since this case involves a taking, the question of § 702c immunity does not arise.

Frangella Mushroom Farms, Inc. v. United States

229 Ct. Cl. 578 · United States Court of Claims · Nov 10, 1981

This is not enough to establish a contractual relationship. Nor do plaintiffs’ disappointment and efforts to comply with defendant’s requirements for information establish a contract. Maimon v. … Clearly, there was no such acquiescence here. Emeco Industries, Inc. v. United States, 202 Ct. Cl. 1006, 1014-15 , 485 F.2d 652, 657-58 (1973). Byrne Organization, Inc., v. United States, 152 Ct.

Hirsch v. United States

94 Ct. Cl. 602 · United States Court of Claims · Nov 3, 1941

foremen were qualified, capable, and efficient. … The fact of responsibility for the excess costs is clearly established. The fact that plaintiff sustained damages is-also clearly established.

Cedar Chemical Corp. v. United States

18 Cl. Ct. 25 · United States Court of Claims · Aug 18, 1989

Rather, EPA promises to expedite its determination that plaintiff qualifies under FIFRA for indemnification. … In the absence of express Congressional consent to award interest separate from a general waiver of immunity to suit, the United States is immune to suit for interest. Library of Congress v.

Froudi v. United States

22 Cl. Ct. 290 · United States Court of Claims · Jan 14, 1991

Clearly then, § 1346 is not a statutory grant of jurisdiction to the United States Claims Court. … It is a rudimentary requirement, in establishing jurisdiction in the U.S.

Frazier-Davis Construction Co. v. United States

100 Ct. Cl. 120 · United States Court of Claims · Oct 4, 1943

The essential facts as established by the evidence of record and pertinent to the issues presented are set forth in the findings. … The proof shows very clearly that no one representing defendant had knowledge of any particular facts concerning labor to be used in performance of the contract which were hot known or available to 'bidders, including plaintiff

National Cored Forgings Co. v. United States

132 F. Supp. 454 · United States Court of Claims · Jun 7, 1955

We are here concerned with a controversy growing out of a contract entered into pursuant to the market guarantee program established by section 12 of the Veterans’ Emergency Housing Act, supra. … The RFC and the other Government corporations are agents of the United States and clearly, when their acts are within their statutory authority, they are acting under the authority of the United States.

Cooper v. United States

203 Ct. Cl. 300 · United States Court of Claims · Dec 19, 1973

He seeks an order establishing his status, correcting his military records, and giving him appropriate retired pay as a colonel. … qualifies for retirement.

Amoco Production Co. v. United States

17 Cl. Ct. 590 · United States Court of Claims · Aug 7, 1989

Plaintiff must qualify under both subsections (a) and (b) for section 3315 to apply. … Deference is even more clearly in order where an administrative regulation, rather than a statute, is involved.” Marathon Oil Co. v.

Alinco Life Insurance Company v. The United States

373 F.2d 336 · United States Court of Claims · Feb 17, 1967

In my opinion, Alineo is clearly correct in its basic contention. … When this is done, it is admitted that Alinco’s reserve-ratio is 100 percent and hence it clearly qualifies as a life insurance company under section 801.

Acker v. United States

620 F.2d 802 · United States Court of Claims · Apr 2, 1980

The Overseas Teachers Act was clearly designed to alleviate the problems the Department of Defense had encountered in applying Civil Service rules to nine to ten month professional employees. … Yet that Act’s legislative history clearly shows an intent to provide teachers living quarters allowance and post differential on the same basis as other employees, supra.

Waldorf v. United States

8 Cl. Ct. 321 · United States Court of Claims · Jun 4, 1985

¡is * * * Jje * Only a serious impediment can qualify to suspend running of the statute. … These actions clearly demonstrate the plaintiff’s ability to function, to use logic, and to follow established procedures.

Gold Bondholders Protective Council, Inc. v. United States

676 F.2d 643 · United States Court of Claims · Apr 7, 1982

On April 2, 1981, plaintiffs administrator presented the bond to the Treasury Department with a qualifying letter, demanding that the bond be returned to him in its present form unless payment was made either in gold coin … We think that plaintiff has confused the holding in the Klein case with the long-established power of Congress to withdraw its consent to sue the United States.

Friedman v. United States

158 F. Supp. 364 · United States Court of Claims · Jan 15, 1958

The Executive Secretary of the Air Force Personnel Council was not qualified to perform this function and had no jurisdiction under the law or regulations to do so. … The Correction Boards were established for the purpose only of .

Ainsworth v. United States

180 Ct. Cl. 166 · United States Court of Claims · May 12, 1967

For unknown reasons, no register was established during this period — perhaps one would never have been established. … The Agency clearly defaulted in its obligation to plaintiff.

Purcell Envelope Co. v. United States

48 Ct. Cl. 66 · United States Court of Claims · Jan 6, 1913

On the contrary an inspection of the record establishes the fact that there was no written contract at all. As the contract was for a term of years the local statute of frauds had distinct application. … But in all such cases the power to hear ought not to be qualified under the provisions of section 1088 by a refusal to hear newly discovered evidence unless the point in dispute *74 has been so clearly established upon the

United States v. Native Village

411 F.2d 1255 · United States Court of Claims · Jun 20, 1969

Thus according to the Bureau of Ethnology, Eskimos and Aleuts would qualify as “Indians.” But there are canons of statutory construction other than the “plain meaning” approach to which we can look. … X: The right to be immune from racial discrimination by governmental agencies is an essential part of the fabric of democratic government in the United States * * *.

State of Alabama v. United States

38 F.2d 897 · United States Court of Claims · Mar 12, 1930

The act here by the government is spoken of as a lease, but it is clearly a sale of electrical current. … Cas. 737, in holding that a state could engage in private business, it clearly was not intended to sweep away the ancient landmarks and the immunity from taxation of government instrumentalities of the United States by a

De Cicco v. United States

677 F.2d 66 · United States Court of Claims · Mar 24, 1982

Shepler at Andrews Air Force Base Hospital on November 29, 1976, and again found to be qualified for military service. Dr. … Plaintiff has the burden of proving by clearly convincing proof that the board or the Secretary acted arbitrarily or capriciously. Wesolowski v. United States, 174 Ct. Cl. 682 (1966). [182 Ct. Cl. at 276.]

Nutt v. United States

12 Cl. Ct. 345 · United States Court of Claims · May 15, 1987

This formidable standard serves to protect the fisc from all suits under contract claims except where the evidence guarantees with some certainty that the Government has agreed to waive its sovereign immunity. … Viewed in this way, the contract establishes the FmHA’s regulations as a backdrop to, and occasional modifier of, express contractual obligations.