Case law

Eastern Marine, Inc. v. United States

33 Cont. Cas. Fed. 74,491 · United States Court of Claims · Jun 18, 1986

The Government insists the March 26, 1985 order establishes that EMI was not a prevailing party and that this court is bound by the CAFC’s determination as the law of the case. … The standard for recovery under the Act is that a qualified “prevailing party” can recover attorneys fees and costs unless the United States can show its position was “substantially justified.”

Florance v. United States

662 F.2d 751 · United States Court of Claims · Oct 21, 1981

In conjunction with his acceptance into the then newly established Department of Defense medical school program, the plaintiff contracted with USUHS to, inter alia, resign his regular Army commission, accept a reserve officer … Although the plaintiff had completed more than 5 years of continuous active duty at the time of his discharge on April 30, 1980, he clearly does not meet the other requirements of the statute.

Depew Paving Co. v. United States

104 F. Supp. 94 · United States Court of Claims · Apr 8, 1952

Conversely, a contractor cannot bring himself within the orbit of the Lucas Act merely by showing that he has asked for relief as a matter of grace, if his claim is in fact one clearly arising under his contract. … claimant’s characterization of his claim as contractual or equitable is to control, then a contractor who had a perfectly good contract claim but who waited too long tmder the terms of his contract to present it as such, may qualify

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.

Cherry v. United States

640 F.2d 1184 · United States Court of Claims · Nov 19, 1980

. § 1001) because it recognized that hardships occurred when missing servicemen had neglected to provide for their dependents via the allotment procedure established by the military. *316 H.R. Rep. … Also, the Air Force has established some regulations for the administration of missing servicemen’s pay accounts, and it may appear that these regulations have been violated in this case.

Mount Sinai Medical Center of Greater Miami, Inc. v. United States

13 Cl. Ct. 561 · United States Court of Claims · Nov 5, 1987

Thus, a health care system has been established whereby the government, usually through a network of appointed fiscal intermediaries, 2 reimburses hospitals (providers) which provide health care services to qualified patients … The fund was established as a self-insuring trust fund for Florida health care providers. All Florida providers were effectively required to participate in the fund.

Pratt v. United States

87 Ct. Cl. 586 · United States Court of Claims · Nov 14, 1938

Code, Title 28, sec. 263) to establish suitable rules of procedure. … To do otherwise in the present case would clearly require expert analysis, comparison and explanation. See Paraffine Cos., Inc., v.

Incorporated Trustees of the Gospel Worker Society v. United States

6 Cl. Ct. 308 · United States Court of Claims · Sep 13, 1984

Thus, the foregoing standards establish the following dichotomy: 1. … do not qualify for exclusion under the regulation.

Reese v. United States

180 Ct. Cl. 932 · United States Court of Claims · Jul 20, 1967

The additional words, “on the basis of well established medical principles” clearly refer to the distinction between well-established medical principles and medical judgment. … has not been established.

Averi v. United States

23 Cl. Ct. 127 · United States Court of Claims · May 17, 1991

The first exception contained in § 107(b) clearly applied to VOA technicians and removed them from the pay freeze. … [Section 532.229 enables the lead agency for a wage area to establish mandatory minimum rates payable by an agency when it is unable to recruit qualified employees.] 5 C.F.R. § 532.231 (emphasis added).

Carter-Wallace, Inc. v. The United States

449 F.2d 1374 · United States Court of Claims · Oct 15, 1971

“[I]t is desirable to make use of them [such presumptions] only when the harm that may result from error is clearly outweighed by the savings in social cost which the presumptions afford.” … Clearly, the agreements here in dispute relate in no way to the United States meprobamate patent, but rather deal only with foreign patents.

Acuna v. United States

1 Cl. Ct. 270 · United States Court of Claims · Nov 1, 1982

ALPA, the bigger of the two unions, had, however, taken the position that the entire flight deck crew of a jet aircraft should be pilot qualified. … In addition to the traditional two pilot-qualified persons and a flight engineer, the crew also included a third pilot who had no real duties to perform.

Cherokee Nation v. United States

26 Cl. Ct. 798 · United States Court of Claims · Jul 23, 1992

Plaintiff thereby concluded that the Plat Maps clearly showed the Tribe’s ownership of the riverbed. … The party with the most incentive to establish ownership in this case was clearly the Cherokee Nation.

Ryder v. United States

585 F.2d 482 · United States Court of Claims · Oct 18, 1978

Berry. 3 The record does not clearly show whether Col. Peach also spoke with the General or his deputy. 4 Very shortly, Gen. … That does not mean, and it never has, that he would be immune from a new removal proceeding (on the same grounds) which was properly conducted.

Olympia USA, Inc. v. United States

32 Cont. Cas. Fed. 73,084 · United States Court of Claims · Nov 21, 1984

However, it is equally well-established that a bidder’s failure to list the item name or number of a “qualified product” will be excused as a minor informality where the bid contains other information that allows the contracting … In the procurement at issue, the solicitation clearly indicates that only bids for one of the “eligible products” may form the basis for a contract award.

The H. Frazier Company, Inc. v. The United States

302 F.2d 521 · United States Court of Claims · May 9, 1962

This bulletin established what is commonly known as the “end-use” test. … The evidence clearly supports a finding that plaintiff’s limestone contained at least 85 percent calcium carbonate.

Kelly v. United States

133 Ct. Cl. 571 · United States Court of Claims · Jan 31, 1956

qualified to assume the duties of the position of rating specialist, occupational. … Civil Service Regional Office’s affirmance of the Boston regional office’s actions on the ground that the order was complied with, was clearly erroneous, and on the ground of interchangeability was irrelevant and is not binding

D. A. Foster Trenching Co. v. United States

473 F.2d 1398 · United States Court of Claims · Feb 16, 1973

establishes to the contrary. … An expenditure for entertainment in any such case is considered not to be directly related to the active conduct of the taxpayer’s trade or business unless the taxpayer clearly establishes to the contrary.

American Institute for Economic Research v. The United States

302 F.2d 934 · United States Court of Claims · May 9, 1962

Plaintiff is able to accomplish about one-half its printing requirements on its own premises; an independent printing establishment prints the remainder. … This program, in which plaintiff was joined by three private foundations, was an attempt to interest qualified high school students in the field of economic research.

Howard v. United States

36 Cont. Cas. Fed. 75,947 · United States Court of Claims · Sep 26, 1990

That Act does not create any substantive enforceable right for the payment of money, but rather is a waiver of sovereign immunity for specified claims. United States v. … The claim plaintiff placed before the Board clearly was a bid protest over which the NASA Board of Contract Appeals has no jurisdiction. See Coastal Corp. v.