Case law

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  • Group v. United States

    165 Ct. Cl. 612 · United States Court of Claims · Apr 17, 1964

    Group v. United States, 125 Ct. Cl. 135 (No. 374 — 52, decided May 5,1953). … Group v. United States [No. 374-52] and Francis J. Kiernan v. United States [No. 375-52], 125 Ct.

    Cited 5 timesPublished
  • Evans v. United States

    42 Ct. Cl. 287 · United States Court of Claims · Apr 1, 1907

    caused by the failure of the master of the brig to take any part in'the navigation of the expedition, though authorized and directed so to do by the charter party, *298 being freely offered that privilege and having on board … •(National Bank v. Grand Lodge, 98 U. S., 123 ; Jefferson v. Asch, 53 Minn., 446 — 25 L. R. A., 257, and note; Burton v. Hanson, 36 Kans., 246 .)

    Cited 2 timesPublished
  • Blaha v. United States

    511 F.2d 1165 · United States Court of Claims · Feb 19, 1975

    The necessary posts on board must be manned day and night and throughout the week. … In Benevento v. United States, 198 Ct. Cl. 772 , 461 F. 2d 1316 , cert. denied, 409 U.S. 1038 (1972); Beatteay v. United States, 198 Ct. Cl. 989 (1972); Benham v. United States, 198 Ct. Cl. 990 (1972); Daniels v.

    Cited 24 timesPublished
  • Cape Shore Fish Co., Inc. v. The United States

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

    Brown v. Hicks, 24 F. 811, 813 (C.C.D.Mass.1885). Accord Coffin v. Jenkins, 5 Fed.Cas. p. 1188 (No. 2,948) (C.C.D.Mass.1884); The Dirigo First, 60 F.Supp. 675 (D.Mass.1945). Cf. Julio v. … The question is one of fact. * * * We hold only that on the records here the judge correctly ruled that the decisions of the board to the effect that the petitioners were ‘employers’ were not supported by the evidence.

    Cited 28 timesPublished
  • Gallaher v. District of Columbia

    19 Ct. Cl. 564 · United States Court of Claims · May 26, 1884

    Soopield, J., delivered the opinion of the court: December 22, 1873, the claimants contracted with the Board of Public Works to build the unfinished part of the Tiber Creek sewer. … Under instructions of the defendant’s .engineers, claimants built the arch of the sewer V¿ feet in height, laid the foundation timbers and planking 41 feet in length, and built the abutment 'walls 5¿- feet thick; whereas

    Cited 1 timesPublished
  • Iowa Southern Utilities Company v. The United States

    348 F.2d 492 · United States Court of Claims · Jul 16, 1965

    In Piedmont Grocery v. … In Helvering v.

    Cited 9 timesPublished
  • John Nadalin and Mary Nadalin v. The United States

    364 F.2d 431 · United States Court of Claims · Jul 15, 1966

    The commissioner’s opinion is in accord with the recent decision of the Supreme Court in Malat v. Riddell, 383 U.S. 569 , 86 S.Ct. 1030 , 16 L.Ed.2d 102 (1966), as well as with the decisions of this court in Browne v. … Brown v. Commissioner of Internal Revenue, 143 F.2d 468 (5th Cir. 1944).

    Cited 12 timesPublished
  • Collins v. United States

    145 Ct. Cl. 382 · United States Court of Claims · Apr 8, 1959

    We quote from Bryan v. United States, 128 C. … Eberlein v. United States, 257 U.S. 82, 84 ; Elchibegoff v. United States, 123 C. Cls. 709 ; Wittner v. United States, 110 C. Cls. 231, 233, 234 .

    Cited 3 timesPublished
  • Romala Corp. v. United States

    34 Cont. Cas. Fed. 75,299 · United States Court of Claims · Jun 3, 1987

    Fredenburg v. United States, 10 Cl.Ct. at 218 ; T.J.D. Services, Inc. v. United States, 6 Cl.Ct. at 260 ; Transamerica Ins. Co. v. United States, 6 Cl.Ct. 367, 370 (1984); W.H. Moseley Co. v. … of jurisdiction is the following: *414 (1) Properly certify the claim; (2) resubmit the certified claim to the contracting officer; and (3) if there is an adverse decision by the contracting officer, appeal either to the board

    Cited 10 timesPublished
  • Hardware Underwriters & National Hardware Service Corp. v. United States

    65 Ct. Cl. 267 · United States Court of Claims · Apr 2, 1928

    United States v. Childs, 266 U. S. 304, 309 ; Burk-Waggoner Oil Association v. Hopkins, 269 U. S. 110 ; Steedman et al. v. United States, 63 C. Cls. 226 ; Mary S. Aldridge, executrix, v. United States, 64 C. … Swan & Finch v. United States, 190 U. S. 143, 146 ; Cornell v. Coyne, 192 U. S. 418, 431 ; Bank of Commerce of Tennessee v. Tennessee, 161 U. S. 134, 146; Phoenix Fire & Marine Insurance Co. v. Tennessee, 161 U.

    Cited 5 timesPublished
  • Adams v. United States

    33 Ct. Cl. 411 · United States Court of Claims · May 16, 1898

    In the case of Packet Company v. … A record is conclusive only on matters actually tried.’ ” In the case of Hughes v.

    Cited 1 timesPublished
  • Ayer Co. v. United States

    38 F. Supp. 284 · United States Court of Claims · Apr 7, 1941

    Higgins v. Smith, 308 U.S. 473 , 60 S.Ct. 355 , 84 L.Ed. 406 ; Griffiths v. Commissioner, 308 U.S. 355 , 60 S.Ct. 277 , 84 L.Ed. 319 ; Gregory v. … Helvering, 293 U.S. 465 , 55 S.Ct. 266 , 79 L.Ed. 596 , 97 A.L.R. 1355 ; Southern Pacific Co. v. Lowe, 247 U.S. 330 , 38 S.Ct. 540 , 62 L.Ed. 1142 ; Gulf Oil Corp. v.

    Cited 18 timesPublished
  • Ainsworth v. United States

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

    Prior to this appointment, he had occupied various positions under temporary appointments with the Civil Aeronautics Board and the Federal Aviation Agency. … We think plaintiff’s case is governed by the reasoning of Born v. Allen, 291 F. 2d 345 (D.C. Cir. 1960). See also, Born v. United States, 155 Ct. Cl. 821 (1961).

    Cited 17 timesPublished
  • Southern, Waldrip and Harvick Company v. The United States

    334 F.2d 245 · United States Court of Claims · Jul 17, 1964

    In Mitchell Canneries, Inc. v. … United States v. Carlo Bianchi, Inc., supra.

    Cited 4 timesPublished
  • SMS Data Products Group, Inc. v. United States

    36 Cont. Cas. Fed. 75,820 · United States Court of Claims · Mar 1, 1990

    Plaintiff claimed before the Government Services Board of Contract Appeals (GSBCA) that HHS wrongfully excluded it from submitting another bid. … Tecom, Inc. v. United States, 732 F.2d 935 (Fed.Cir.1984); Glenn v. United States, 858 F.2d 1577 (Fed.Cir.1988); LDG Timber Enters., Inc. v. United States, 8 Cl.Ct. 445 (1985).

    Cited 30 timesPublished
  • Farris v. United States

    4 Cl. Ct. 633 · United States Court of Claims · Mar 1, 1984

    White v. United States, supra, 178 Ct.Cl. at 778-79 , 372 F.2d at 521 ; Marlowe v. … Rogers, a former may- or of Lubbock, Texas, was installed as chairman of the board at Harbor Boat.

    Cited 2 timesPublished
  • Fabrica Uruguaya de Neumaticos, S. A. v. United States

    84 F. Supp. 745 · United States Court of Claims · Jul 11, 1949

    A., v. United States, supra, the mark-up allowed did not amount to quite this amount. We allowed no more in that case than plaintiff had claimed in its application filed with the Board of Economic Warfare. … United States v. New River Collieries, 262 U. S. 341 ; United States v. Miller, 317 U. S. 369 ; United States v. Powelson, 319 U. S. 266 .

    Cited 2 timesPublished
  • Holt

    513 F.2d 638 · United States Court of Claims · Jan 10, 1975

    Kirby v. United States, 201 Ct. Cl. 527 (1973), cert. denied, 417 U.S. 919 (1974). … “The court concludes that plaintiff’s subsequent application to the Air Force Board For the Correction of Military Records was not mandatory and did not stop the running of the statute of limitations.

    Cited 0 timesPublished
  • Sells v. United States

    146 Ct. Cl. 1 · United States Court of Claims · Jun 3, 1959

    This identical argument was made and rejected in Hoffe v. United. States, 136 C. Cls. 559 , 563. There it was held, following decisions by the Court of Appeals for the District of Columbia in Thomas v. … Engelhardt v. United States, supra, and the cases cited therein.

    Cited 4 timesPublished
  • Charles R. Armstrong v. The United States

    405 F.2d 1275 · United States Court of Claims · Jan 24, 1969

    The CSC Appeals Examining Office, which was upheld by the Board of Appeals and Review (BAR) on October 20, 1965, found that the charges of inefficiency in plaintiff’s work were supported by the evidence and that the agency … See Heffron v. United States, 186 Ct.Cl. — (decided January 24, 1969); Liotta v. United States, 174 Ct.Cl. 91 (1966); Harrington v. United States, 161 Ct.Cl. 432 (1963); Gaines v.

    Cited 16 timesPublished

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