Case law

Rowe v. United States

4 Cl. Ct. 39 · United States Court of Claims · Nov 30, 1983

At the same time, however, the Secretary did not then reject any of the earlier-qualified lease offers — this in response to the “intense interest” expressed by these offerors in maintaining their first-qualified status in … The Alaska Native Claims Settlement Act established twelve Native Regional Corporations, of which the Arctic Slope Regional Corporation was one. The Act also established smaller village corporations.

Moore-McCormack Lines, Inc. v. States

413 F.2d 568 · United States Court of Claims · Jul 16, 1969

But there was no indication, explicit or implicit, of the immunity of subsidy decisions to judical review. That subject was not broached. … Those qualifying terms are wholly antithetic to any absolute discretion in the administrators to set their own process. C.

Louis E. Fagan (Lewis L. Gover, No. 2) v. United States

277 F.2d 469 · United States Court of Claims · May 13, 1960

Title IV of the 1949 Act established new and more difficult criteria for entitlement to disability retirement for anyone retired for physical disability after the effective date of the act, the most important of which was … This provision clearly granted a 6 percent increase in pay to those disabled retirees retired prior to October 1, 1949, who either could not or did not elect by October 1, 1954, to qualify for retired pay under the new formulae

Sun Cal, Inc. v. United States

36 Cont. Cas. Fed. 75,896 · United States Court of Claims · Jul 10, 1990

First, defendant contends that the claim was not certified by a qualified person. … But none clearly advises plaintiffs that a new default date was being established and that plaintiffs’ contract would, or could be, terminated for default if the work was not completed by October 5 or 15, 1984.

Lewis v. United States

1 Cl. Ct. 158 · United States Court of Claims · Feb 1, 1983

Force for 4 years on the basis of assurance by the Air Force recruiter that “I would be screened during basic training and be enabled to complete my baccalaureate and take ROTC at a university and if I thereby completed and qualified … Lewis is currently suffering from a configuration of emotional and thought disorders, which clearly indicate that he would be likely to have problems in any employment circumstance.

Chitto v. United States

138 F. Supp. 253 · United States Court of Claims · Jan 31, 1956

of families and that they were clearly entitled in equity and justice to an additional amount for the damage and loss sustained by them. 1 The Senate also found *653 that 191 heads of families had qualified for reservations … In the absence of such allegations and of any proof to that effect, the Chitto group has failed to establish its right to any award whatsoever.

Merchants National Bank v. United States

7 Cl. Ct. 1 · United States Court of Claims · Dec 6, 1984

It is established that conclusions of law by the hearing officer are not protected by the clearly erroneous standard. See 9 Wright & Miller, Federal Practice and Procedure, § 2585, at 732 (1971). … Clearly, there was no intent to cut off any claim based on wrongful acts. In fact, at that point in time an equitable claim clearly was not envisioned by either party.

Garstin v. United States

352 F.2d 537 · United States Court of Claims · Nov 12, 1965

No other witness, qualified to give opinion evidence as to the value of real estate in the pertinent area, testified. … Sewerage was by a septic system established on the property, and a well provided an adequate supply of water.

St. Louis County Water Co. v. United States

452 F.2d 1022 · United States Court of Claims · Dec 10, 1971

By so doing the depreciation deductions for 1960 and 1961 were reduced to an amount which the Internal Revenue Service claims to be a reasonable allowance for the exhaustion, wear and tear of the qualifying asset. … It has been found, and we shall accept the finding because we are not convinced to the contrary, that plaintiff’s method qualifies as “any other consistent method.”

Parmelee Transportation Company v. The United States

351 F.2d 619 · United States Court of Claims · Oct 15, 1965

Both involved situations in which rights were clearly not transferable and positive action had to be taken by the grantor of the rights. … The burden will be on the taxpayer to establish that the loss qualifies as an identifiable event or a closed transaction under section 165 of the Internal Revenue Code of 1954.

Pacific Far East Line, Inc. v. United States

544 F.2d 478 · United States Court of Claims · Oct 20, 1976

The emphasized portion clearly brings out the purpose of the regulation. … It established a special depreciation arrangement whereby deposits of taxpayer’s earnings in its statutory reserve funds resulted in a change in the method by which plaintiff takes depreciation deductions on its vessels.

Cedar Lumber, Inc. v. United States

34 Cont. Cas. Fed. 75,399 · United States Court of Claims · Nov 3, 1987

The parties here signed an agreement on October 21, 1985. 3 Pursuant to the settlement, the Forest Service agreed to accept and approve qualifying contracts. … Rates during the extension period could be higher, but not lower than rates established in the initial contract.” 48 Fed. Reg. 38,862 , 38,863-64 (1983).

Burroughs Corp. v. United States

617 F.2d 590 · United States Court of Claims · Mar 19, 1980

Here, plaintiff insists, the facts found and conclusions reached by the Comptroller General establish clearly that the conduct of the contracting officer violated the terms of the RFP, applicable regulations and the basic … Were it not for the clearly improper actions of the contracting officer, plaintiff in McCarty would have won the contract.

John Wanamaker Philadelphia, Inc. v. The United States. John Wanamaker Philadelphia, Inc. (Successor by Merger to John Wanamaker New York, Inc.) v. The United States

359 F.2d 437 · United States Court of Claims · Apr 15, 1966

Plaintiff's LIFO Election 5 Plaintiff must establish that it had an absolute right to elect LIFO to circumvent defendant's argument that the Commissioner can exact a quid pro quo for a change to LIFO. … And in oral argument, defendant stressed that plaintiff is really asking for mitigation for which it does not qualify. See Int.Rev.Code of 1939, § 3801; Int.Rev.Code of 1954, §§ 1311-1315; H. T. Hackney Co. v.

Uniq Computer Corp. v. United States

36 Cont. Cas. Fed. 75,852 · United States Court of Claims · Apr 23, 1990

We think this lack of present intent was adequately communicated by the qualified language of the December 3rd letter, and that such was the meaning attached to the letter by Uniq. … The reasons for contracting through the use of options were clearly set out in contract clause H-19, “Fixed Price Options Provision.” See note 7 supra.

Servidone Construction Corp. v. United States

36 Cont. Cas. Fed. 75,893 · United States Court of Claims · Jun 28, 1990

In addition, in filing its complaint, Servidone fractured out of the original embankment claim several issues, which although separately articulated in the complaint, were never clearly segregated at trial. … The Government argues that applying the same potential liability to it under section 2412(a) would abrogate the principle of sovereign immunity. The court disagrees.

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

23 Cl. Ct. 352 · United States Court of Claims · Jun 4, 1991

The special master’s interpretation of the authority granted to her by § 300aa-15(f)(4)(A) was not “clearly mistaken,” nor was it contrary to any clearly discernable legislative intent, supra. … As we have clearly established, the only factor limiting the special master’s discretion in controlling the use of award proceeds under § 300aa-15(f)(4)(A) is the best interests of the petitioner, and there is no statutory

Furey v. United States

70 Ct. Cl. 299 · United States Court of Claims · Jun 2, 1930

In the use of this latter term Congress was addressing legislation to a service long since established, organized under prior laws, permanent in character, and to be continued. … Congress used the term “ permanent service ” and by so doing clearly recognized the right to pay and allowances so fixed for service in the guard of indefinite tenure, to which the officer was appointed.

Jacobs v. United States

181 Ct. Cl. 1141 · United States Court of Claims · Dec 15, 1967

As the evidence in the record fails to establish that Dr. … The evidence in the record does not establish that Dr.

Portsmouth Harbor Land & Hotel Co. v. United States

64 Ct. Cl. 572 · United States Court of Claims · Feb 20, 1928

It is to be noted also that the opinion of the Supreme Court on the question of the demurrer does not question or qualify either of the two earlier opinions. … Clearly there can not be a recovery by the real plaintiff for anything occurring before she became owner.