Case law

Schrader v. United States

20 Cl. Ct. 161 · United States Court of Claims · Apr 23, 1990

Costello v. United States, 587 F.2d 424, 427-28 (9th Cir.1978), cert. denied, 442 U.S. 929 , 99 S.Ct. 2858 , 61 L.Ed.2d 296 (1979). … Kania v. United States, 227 Ct.Cl. 458, 464-65 , 650 F.2d 264, 268 , cert. denied, 454 U.S. 895 , 102 S.Ct. 393 , 70 L.Ed.2d 210 (1981).

State Bridge Commission v. United States

65 F. Supp. 394 · United States Court of Claims · May 6, 1946

Beginning early in 1936 and continuing through 1937, V. B. … The plans indicated *787 that another portion of the first floor was to be set aside for storage rooms, a detention pen, a room for the medical examiner of the Public Health Service, and a room for the Board of inquiry of

Carothers Construction Co. v. United States

36 Cont. Cas. Fed. 75,873 · United States Court of Claims · Jun 6, 1990

The Corps did not require rigid or semi-rigid board insulation to be installed on this contract. … Fortec Constructors v. United States, 760 F.2d 1288, 1292 (Fed.Cir.1985) (citing United States v. Johnson Controls, Inc., 713 F.2d 1541, 1555 (Fed.Cir.1983)).

Cannon v. United States

146 F. Supp. 827 · United States Court of Claims · Dec 5, 1956

In -the present case plaintiffs’ rights are not dependent on the action of a board or agency, bust exist or not entirely independently thereof. … Martilla v. United States, 118 Ct.Cl. 177 ; Adler v. United States, Ct.Cl., 146 F.Supp. 956 , and related cases, certiorari denied Baker v. United States, 77 S.Ct. 131 .

Hercules Powder Company v. The United States

337 F.2d 643 · United States Court of Claims · Oct 16, 1964

So far as the policy-making board was concerned, the entire bonus could as well have been paid in cash. … See General Electric Co. v. United States, 299 F.2d 942, 948-949 , 156 Ct.Cl. 617, 627-629 (1962), cert. denied, 371 U.S. 940 , 83 S.Ct. 319 , 9 L.Ed.2d 275 (1962); Penn-Texas Corp. v.

Miller v. United States

65 Ct. Cl. 506 · United States Court of Claims · May 28, 1928

Clark v. United States, 95 U. S. 542 , cited with approval by the Court of Claims in the case of Swift & Co. v. United States, 59 C. … Louis Hay Co. v. United States, 191 U. S. 159 .)

Clark Mechanical Contractors, Inc. v. United States

32 Cont. Cas. Fed. 72,427 · United States Court of Claims · Apr 25, 1984

officer set forth standard language advising that denial of the claim was a final decision of the contracting officer; that plaintiff had 90 days from receipt of said decision within which to appeal to the Armed Services Board … Inland Empire Builders, Inc. v. United States, 191 Ct.Cl. 742, 752 , 424 F.2d 1370, 1376 (1970); Metric Constr. Co. v. United States, 1 Cl.Ct. 383, 396 (1983).

Shaw v. United States

45 Ct. Cl. 9 · United States Court of Claims · Dec 6, 1909

When captured the vessel had on board her register, role d’equipage, clearance, invoice, and bill of lading. … In the case of Hooper, administrator, v. United States ( 22 C.

Viking Construction Corp. v. United States

129 Ct. Cl. 164 · United States Court of Claims · Jul 13, 1954

The Navy Department War Contracts Relief Board rejected plaintiff’s claim on April 19,1948, on the ground that plaintiff had not made a request for relief on or before August 14, 1945, as required by section 3 of the Lucas … there could have been no question as to the legality of such action, but we do not consider the War Powers Act to go so far as to authorize the modification of a contract that was then out of its hands. *167 In Fogarty v.

Farmer v. United States

9 Cl. Ct. 760 · United States Court of Claims · Apr 16, 1986

Udall v. Tollman, 380 U.S. 1, 16 , 85 S.Ct. 792, 801 , 13 L.Ed.2d 616 (1965); NLRB v. Hearst Publications, Inc., 322 U.S. 111, 131 , 64 S.Ct. 851, 860 , 88 L.Ed. 1170 (1944). … Volkswagenwerk Ak. v. Federal Maritime Commission, 390 U.S. 261, 272 , 88 S.Ct. 929, 935 , 19 L.Ed.2d 1090 (1968); NLRB v. Brown, 380 U.S. 278, 291 , 85 S.Ct. 980, 988 , 13 L.Ed.2d 839 (1965).

Estate of Dunaway v. United States

35 Cont. Cas. Fed. 75,746 · United States Court of Claims · Nov 2, 1989

The BLM established the volume estimate by the 1980 timber cruise which provided the volume of timber to be estimated at 3,119 million board feet (MBF). … The trespasser illegally removed approximately 400,000 board feet of timber worth approximately $46,000 in value at the time of discovery.

Drexel Heritage Furnishings, Inc. v. United States

32 Cont. Cas. Fed. 73,203 · United States Court of Claims · Dec 21, 1984

It is enough to say that offerors submitted “picture boards” which, in this case, were approximately 3' X 5' poster boards with photographs or catalog pictures of the offered furniture depicted along with sizes, wood finishes … See, e.g., Eagle Construction Corp. v. United States, 4 Cl.Ct. 470 (1984); Ingersoll-Rand v. United States, 2 Cl.Ct. 373, 376 (1983); Heli-Jet Corp. v. United States, 2 Cl.Ct. 613, 618 (1983); Cecile Industries, Inc. v.

Broome v. United States

145 Ct. Cl. 298 · United States Court of Claims · Mar 4, 1959

Brown v. Commissioner of Internal Revenue, 241 F. 2d 827, 829-830 (C. A. 8, 1957). Moreover, in each instance Mrs. … V, 163 (a).) The singular, “transaction,” was used in the letter to Mrs. Livingstone.

Atlantic Works v. United States

46 Ct. Cl. 57 · United States Court of Claims · Jan 9, 1911

referred to the court* An inspection of the proposed measure discloses the complaint of the petitioner to have been for the payment and discharge of its “ claims ” for work done and materials furnished as per report of a board … Wisconsin Central v. United States, 164 U. S., 212 , and authorities there cited.

Gallegos v. United States

39 Ct. Cl. 86 · United States Court of Claims · Dec 7, 1903

(Duran v. Apaches , 31 C. Cls. R.., 353; Davenport v. Kiowas and Comanches, id., 430 .) … In Brown v.

Small v. United States

470 F.2d 1020 · United States Court of Claims · Dec 12, 1972

I do concur that the failure of plaintiff, who had the help of counsel at the time, to ask the Board of Appeals and Review to order a hearing precludes him from raising that point in this court. Pine v. … Sullivan v. Little Hunting Park, 396 U.S. 229, 237, 239 (1969) ; Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) ; Hurd v. Hodge, 334 U.S. 24 (1948) ; Sanders v.

Erika, Inc. v. United States

634 F.2d 580 · United States Court of Claims · Oct 22, 1980

That Board’s decision may be appealed to Secretary. Id. § 1395oo(f). … See, e.g., Califano v. Aznavorian, 439 U.S. 170 (1978); Mathews v. Eldridge, 424 U.S. 319 (1976); Dandridge v. Williams, 397 U.S. 471 (1970).

Charlson Realty Company v. The United States

384 F.2d 434 · United States Court of Claims · Oct 13, 1967

Commissioner, 203 F.2d 785 (6th Cir. 1953); Crude Oil Corporation v. Commissioner, 161 F.2d 809 (10th Cir. 1947); Schultz v. United States, 132 F.Supp. 953 , 132 Ct.Cl. 618 (1955); Jones v. … Brown of the Fifth Circuit, in a dissenting opinion in Rich v. Commissioner, 250 F.2d 170, 177 (5th Cir. 1957), has a well reasoned discussion of this phase.

Scott v. United States

78 F. Supp. 811 · United States Court of Claims · Jun 28, 1948

In the Grey case, supra, the Board of Tax Appeals in constru *816 ing the words “without limitation” at page 243 of 41 B.T.A. uses the following language: “Petitioner argues that the words ‘without limitation’ appearing in … We do not regard the facts and the decision in the case of Commissioner v. Pupin’s Estate, 2 Cir., 107 F.2d 745 applicable to the facts in this case.

Ryle v. United States

110 Ct. Cl. 657 · United States Court of Claims · Feb 2, 1948

In the case of Green v. … Cronin v. United States, 62 C. Cls. 20 ; Arnold v. United States, 65 C. Cls. 43 .