Case law

Cape Shore Fish Co., Inc. v. The United States

330 F.2d 961 · United States Court of Claims · Apr 17, 1964

Few problems in the law have given greater variety of application and conflict in results than the cases arising in the borderland between what is clearly an employer-employee relationship and what is clearly one of independent … Another curious factor is that the allegation was immaterial since antitrust immunity is not afforded a union-employer combination to effect a direct commercial restraint such as was charged by the indictment.

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.

File v. United States

17 Cl. Ct. 823 · United States Court of Claims · Aug 18, 1989

The courts’ reluctance to apply equitable estoppel against the government evolves from the concept of sovereign immunity. … Specifically, with COL File, as in Sehweiker and Riggs , failure to act as a result of erroneous government information caused the claimant not to qualify for an available benefit.

Railway & Express Co. v. United States

56 F.2d 687 · United States Court of Claims · Mar 7, 1932

The business was to be “conducted under such rates, charges, classifications, regulations, and practices as are now or may hereafter be lawfully established.” … The evidence establishes, and we have found as a fact, that the so-called qualified common stock of $1,594,000 issued to the Adams Express Company was issued for actual value residing in miscellaneous equipment paid in by

Ulmet v. United States

19 Cl. Ct. 527 · United States Court of Claims · Feb 22, 1990

Thus by clear implication, interest on claims not covered by contract or clearly enacted statutory provisions is barred. … No statutory provision establishing the right to interest in military pay or retirement cases exists.

Air Terminal Services, Inc. v. The United States

330 F.2d 974 · United States Court of Claims · Apr 17, 1964

Mahon, 260 U.S. 393, at 415 , 43 S.Ct. 158, at 160 , 67 L.Ed. 322 (1922), as follows: 74 "* * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is … (Quite clearly parking facilities are a necessary adjunct of traffic flow; there is no point in driving one's car to a place unless there are means of disposing of it after one gets there.)

Hedstrom Lumber Co. v. United States

32 Cont. Cas. Fed. 73,113 · United States Court of Claims · Dec 10, 1984

Any waiver of sovereign immunity and consent to suit must be clearly expressed and strictly construed. United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501, 1502 , 85 L.Ed. 1058 (1969); United States v. … Rommel is a well-qualified forester who has participated in countless timber cruises and growth studies, and who is intimately familiar with the forests of northeastern Minnesota.

Tall v. United States

79 Ct. Cl. 251 · United States Court of Claims · Apr 2, 1934

This act abolished the Naval *259 Reserve Force established under tbe act of August 29, 1916,. and, in lieu thereof, created and established a Naval Reserve consisting of the Fleet Naval Reserve, the Merchant Marine Naval … The 1928 act clearly contemplates active service as an officer of the Navy during the World War as distinguished from duty for training purposes, and contemplates active-service pay rather than the retainer pay as an officer

Carver v. United States

159 Ct. Cl. 67 · United States Court of Claims · Nov 7, 1962

To support this position, defendant relies on the fact that the statute used the word “soldiers” when speaking of retirement credits, and that “soldiers” clearly means enlisted men. … In dealing with this question in Whitaker, supra, the court swept away all technical objections to give effect to the only logical pattern that section 956 could be said to have established.

Girault v. United States

135 F. Supp. 521 · United States Court of Claims · Nov 8, 1955

for some time prior to February 1941, and that his continuous rest during 1940, alleviated his symptoms but had he admitted the true history when he was examined for appointment in January 1942, he would never have been qualified … Certainly we cannot *526 say that this fact has been established beyond a reasonable doubt.

Opalack v. United States

32 Cont. Cas. Fed. 72,500 · United States Court of Claims · May 15, 1984

The DOL had discovered numerous deficiencies on prior CETA audits. 23 The inadequacies occurred because contractors would bid on contracts, using the resumes of highly qualified auditors, only to substitute less qualified … Namely, failure to provide qualified personnel teamed up as set forth in the proposal, and doubts that all the partners were CPAs. .

Allison v. United States

301 F.2d 670 · United States Court of Claims · Apr 4, 1962

Plaintiff’s orders included temporary active duty for qualifying physical examination, and, upon a finding that he was physically qualified, a period of temporary active duty under instruction at the Naval School of Justice … This clearly was not the intent of Congress when it passed the Armed Forces Reserve Act of 1952, sufra.

WPC Enterprises, Inc. v. United States

323 F.2d 874 · United States Court of Claims · Oct 11, 1963

The latter presumably either had them in stock or had established facilities for making them and specific experience in doing so. … products list, such parts may be purchased from any qualified vendor or made by the contractor if it is a qualified manufacturer.

Callan v. United States

450 F.2d 1121 · United States Court of Claims · Nov 12, 1971

Yet, he was found physically qualified for retirement. … Even though the Board opinion had formally recited that it was based upon all the evidence, it was clearly not supported by the evidence and was therefore overturned.

W & W Fertilizer Corp. v. United States

527 F.2d 621 · United States Court of Claims · Dec 17, 1975

On the above date, Lemuel established the Lemuel P. … Lemuel chose to employ a revocable inter vivos trust in connection with his estate plan and the Woods Trust clearly has substance.

Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States

21 Cl. Ct. 176 · United States Court of Claims · Jul 24, 1990

[citations omitted]. ****** Because the statutes and regulations at issue in this case clearly establish fiduciary obligations of the Government in the management and operation of Indi *191 an lands and resources, they can … In that sense, such control is clearly intended to confer economic benefits on the Tribe and other Indians.

Anketell Lumber & Coal Co. v. United States

1 F. Supp. 724 · United States Court of Claims · Nov 14, 1932

One qualifying share of the capital stock was issued in the name of one of the plaintiff’s employees, indorsed by said employee, and held by Thomas J. Anketell. … The facts of this case clearly establish that Anketell and his wife, during the years involved in this suit, never intended to pay interest on the withdrawals or repay the amounts.

Alexander v. United States

1 Cl. Ct. 653 · United States Court of Claims · Jan 6, 1983

OPM’s construction of the Act should not be invalidated unless it is “clearly wrong.” United States v. Shimer, 367 U.S. 374, 381-82 , 81 S.Ct. 1554, 1559-60 , 6 L.Ed.2d 908 (1961); see also Port Authority of St. Paul v. … The plaintiffs must work a minimum of 40 hours per week, and section 7(k) of the Act establishes a statutory maximum.

Day v. United States

21 Ct. Cl. 262 · United States Court of Claims · Apr 12, 1886

Do the facts bring the case within the reason and spirit of the administrative law established and recognized by the decisions ? … While we have no disposition to qualify or restrict the doctrine of what we have heretofore decided in cases like the one at bar, we have no disposition to extend it so as to include transactions.not falling clearly within

Dunham v. Secretary of the Dept. of Health & Human Services

18 Cl. Ct. 633 · United States Court of Claims · Nov 22, 1989

Immunization records from the Davis County Immunization System establish that Tess Dunham received a DPT vaccine in the United States, specifically, the state of Utah, thus fulfilling the requirements of parts (A) and (B) … The June 6, 1989, order clearly provided petitioners with such an option.