Case law

Pacific Far East Line, Inc. v. United States

513 F.2d 1355 · United States Court of Claims · Mar 19, 1975

The property in question here was clearly “acquired” by plaintiff after December 31, 1961, pursuant to section 48 (b) (2). … The Certificates of Delivery establish beyond a doubt that the ships were “reduced to [taxpayer’s] physical possession, or control” in 1962. See Treas. Reg. 1.48-2(b) (6).

L.G. Lefler, Inc. v. United States

32 Cont. Cas. Fed. 73,039 · United States Court of Claims · Oct 30, 1984

Here, the original contract price, as established by plaintiff’s bid, clearly contemplates the use of foreign steel. To lower the contract price further would result in an unjustified windfall to the government. … Similarly, the remedy fashioned by the Comptroller General should be used only where it will clearly serve the purposes which precipitated it.

Verckler v. United States

170 F. Supp. 802 · United States Court of Claims · Mar 4, 1959

was not a claim for taxes previously erroneously or illegally collected, but an election to receive the benefits of a relief statute. 2 *805 The result contended for by defendant would be harsh indeed because in order to qualify … That P.L. 417 was intended as a relief act is clearly borne out by S.Rep. No. 1402, 84th Cong., 2d Sess., U.S.Code Cong. & Adm.News 1956, p. 2244. 3 .

William L. Schiffman v. The United States

319 F.2d 886 · United States Court of Claims · Jul 12, 1963

The findings of the Army Retiring Board, as approved by the Secretary of the Army, subsequently established entitlement to the disability retirement pay effective 15 June 1946. … Plaintiff says Caddington clearly implies that the court would have awarded judgment for disability pay based on the higher rank of a terminal leave promotion to colonel had this policy been in effect when Caddington was

Consolidated Diesel Electric Co. v. United States

533 F.2d 556 · United States Court of Claims · Apr 14, 1976

The LBFTP specified that those engines incorporated in the technical proposals had to be qualified and listed on a Qualified Products List. … The only restriction was that the engine selected by the contractor must be one which had been qualified and was included on a certain Qualified Products List (QPL).

Data Transformation Corp. v. United States

34 Cont. Cas. Fed. 75,338 · United States Court of Claims · Aug 19, 1987

The essence of plaintiff’s complaint is that it was better qualified to do the job than the firm selected. … Finally, declarations attached to defendant’s reply brief clearly show the lack of a factual basis for plaintiff’s taking claim.

Smith v. United States

139 F. Supp. 305 · United States Court of Claims · Jan 31, 1956

Westinghouse Miller, died on January 22, 1950, and the plaintiffs duly qualified as executors under her will. On October 1, 1923, the decedent as grantor and her then husband, H. … The defendant relies on rules of transfer established by Burnet v. Guggenheim, 288 U.S. 280 , 53 S.Ct. 369 , 77 L.Ed. 748 , and Estate of Sanford v.

Raley v. Secretary of the Department of Health & Human Services

25 Cl. Ct. 247 · United States Court of Claims · Jan 30, 1992

Petitioners’ expert witness John Gaebler, M.D., stated that: I think it’s quite possible that he had an encephalopathy after the July 23 immunization. (Transcript at 104). Dr. … Petitioners must establish that the special master’s decision was unsupported by the record.

Jackson v. United States

27 Ct. Cl. 74 · United States Court of Claims · Dec 14, 1891

This allegation is qualified and explained by other facts presented in detail. … Tbe case clearly intimates, however, tbat unless tbe title of tbe claimant is admitted no promise can be implied upon which an action will lie in this court.

John T. Lemily v. The United States

418 F.2d 1337 · United States Court of Claims · Dec 12, 1969

For the reasons that follow, the pre-1958 factual situation as outlined above does not qualify the plaintiffs for leave benefits under the 1951 Act. … Clearly, employees such as plaintiffs did not qualify.

Mills v. United States

121 F. Supp. 887 · United States Court of Claims · Jun 8, 1954

* We believe that section 722 was designed so as not to exact from those corporations that qualify thereunder more than the true tax based upon a fair standard of normal profits. … Had it been their im tent, we believe it would have been clearly expressed in either the statute or committee reports.

United States v. Seminole Indians of Florida

180 Ct. Cl. 375 · United States Court of Claims · Jun 9, 1967

The evidence establishes the existence — at this time — of at least five Seminole towns in northern Florida. … In other words, Seminole land-use clearly encompassed more than the soil actually “possessed.” Therefore, other aspects of the Seminole pattern of life demand consideration.

Leyman Manufacturing Corp. v. United States

8 Cl. Ct. 535 · United States Court of Claims · Jul 19, 1985

Leyman, the insurance provided, nonetheless, does not qualify as Section 79 insurance. … “Only by analyzing the legal result can we determine what facts must be established and whether those facts are in genuine dispute.” Id.

Candelaria v. United States

5 Cl. Ct. 266 · United States Court of Claims · Apr 26, 1984

Contained in the Board’s report was the notation “Refer to Physical Evaluation Board (Not qualified for Physical Evaluation Board per AFR 35-4).” … Rather, sections 1201 through 1206 of Title 10 establish specific categories of persons eligible for disability retirement from military service.

Deluxe Check Printers, Inc. v. United States

5 Cl. Ct. 498 · United States Court of Claims · Jul 13, 1984

Defendant subsequently submitted a letter to plaintiff on April 13, 1984, in which it advised that no evidence was found indicating that a legislative file had been established with respect to the adoption or amendment of … In view of the foregoing, plaintiff’s perception of the true issue in this case is clearly misplaced.

The Boeing Company, a Delaware Corporation v. The United States

338 F.2d 342 · United States Court of Claims · Nov 13, 1964

‘Payment’ is clearly distinguishable from loans and advances.” … Insofar as the Court of Appeals viewed the partial payments clause as establishing “a financing arrangement in the nature of a loan,” we disagree with its reasoning.

California Canners & Growers Ass'n v. United States

9 Cl. Ct. 774 · United States Court of Claims · Apr 18, 1986

The definition of food additive excluded any ingredient that is generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific … The Committee was composed of eminently qualified individuals, and was the most competent group which could have been assembled to evaluate the safety of nonnutritive sweeteners.

John Wright Register v. United States

281 F.2d 448 · United States Court of Claims · Jul 15, 1960

Relative to his second request, that his record be corrected to show that he was promoted to the grade of lieutenant, the Board finds that Petitioner did not establish his professional qualifications for promotion to the … [Italics supplied.] 34 Under this executive order the plaintiff was clearly entitled to promotion, notwithstanding his physical disability. That left only the problem of his professional qualifications.

Ayala v. United States

16 Cl. Ct. 1 · United States Court of Claims · Oct 4, 1988

Plaintiff’s claim for back pay clearly is within the subject matter jurisdiction of this court. … Hardly any rule of law is more well established than the one to the effect that courts are not empowered to direct the promotion of military personnel. See Voge v.

Prichard v. United States

135 F. Supp. 420 · United States Court of Claims · Nov 8, 1955

whether it is a case qualifying for review. … basis for review has not been established.