Case law

Juda v. United States

13 Cl. Ct. 667 · United States Court of Claims · Nov 10, 1987

Four separate political entities ultimately were established. … Diggs dealt with the legal effect of a statute (the Byrd Amendment) that was enacted clearly in breach of the United Nations Charter.

Roscoe L. Norman v. The United States. John E. Crowley v. The United States. Sherwood E. Buckland v. The United States. Maurice J. Fitzgerald v. The United States. Loren E. Buckey v. The United States. John B. Martin v. The United States

392 F.2d 255 · United States Court of Claims · Mar 15, 1968

This, we contend, clearly renders the statute unconstitutional and void. … reality, they are selecting the best of the best qualified.

Snowbank Enterprises, Inc. v. United States

6 Cl. Ct. 476 · United States Court of Claims · Oct 26, 1984

The plaintiff is the owner of a resort qualified for purchase by the Government. … It clearly would be an element that any purchaser would consider in determining fair market value.

Design & Production, Inc. v. United States

36 Cont. Cas. Fed. 75,844 · United States Court of Claims · Apr 23, 1990

This formulation provides wide latitude for a party seeking to be qualified as a “prevailing party.” … Clearly, Mr. Harotounian, Mr. Wright, and Mr. Harrell were not qualified as expert witnesses. Plaintiff, however characterizes these individuals as “consultants” who assisted counsel in preparation for trial.

Greenway v. United States

175 Ct. Cl. 350 · United States Court of Claims · Apr 15, 1966

Both assignments were clearly specified. … The statement of reasons should be sufficiently detailed to clearly establish the employee’s unsuitability for continued employment. * * *. *379 b.

Cambridge Loan & Building Co. v. United States

63 Ct. Cl. 631 · United States Court of Claims · Jun 6, 1927

Such deposits constituted a portion of the fund from which loans were made at the established legal rate, and the benefit from these transactions likewise accrued to the members alone. … The House recedes from its disagreement to the Senate amendment, with an amendment exempting cooperative hanks without capital stoek organized and operated foo^ mutual purposes and without profit It was clearly the purpose

Knaub v. United States

22 Cl. Ct. 268 · United States Court of Claims · Jan 8, 1991

For example, prior to 1989, a husband and wife always qualified as one person. Id. § 795.11. … Prior to 1989, a husband and wife always qualified as one person. Id. § 795.11.

Bevins v. United States

166 Ct. Cl. 547 · United States Court of Claims · Jun 26, 1964

On December 1,1942, *550 plaintiff was examined for Army Officers’ Candidate School and was found to be physically qualified. … for induction and physically qualified for Officers’ Candidate School.

Edward F. O'HARE v. UNITED STATES

288 F.2d 705 · United States Court of Claims · Apr 7, 1961

case of any such person who, in order to perform such training and service, has left or leaves a position, other than a temporary position, in the employ of any employer and who (1) receives such certificate, (2) is still qualified … Thus it can be seen that since plaintiff returned to a position higher in grade his rights under that Act were clearly not violated.

Almar Industries, Inc. v. United States

35 Cont. Cas. Fed. 75,621 · United States Court of Claims · Jan 31, 1989

These precedents clearly indicate that facts and circumstances independent of a basic agreement itself, may form an enforceable contract or transform the basic agreement into a binding obligation. … Nor has plaintiff established that the government violated the duty of good faith and fair dealing under an implied-in-fact contract.

Ford v. United States

69 F. Supp. 332 · United States Court of Claims · Feb 3, 1947

The force making the test included pilots qualified according to regulations of the Civil Aeronautics Administration. The plaintiff possessed such qualifications. He was made director of the new air training units. … A rating generally similar to that of a liaison pilot will be established for pilots.

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

21 Cl. Ct. 634 · United States Court of Claims · Oct 15, 1990

Dimitrov stated that petitioner’s counsel had provided her with some literature on immunizations and vaccines, including literature published for parents entitled “Healthy Kids,” which reviewed the symptoms of measles. … Department of Health and Human Services publication entitled “Morbidity and Mortality Weekly Report,” which states that one of the known side effects of the mumps vaccine is unilateral nerve deafness within thirty days of immunization

Anthony P. Miller, Inc. v. United States

161 Ct. Cl. 455 · United States Court of Claims · Apr 5, 1963

“As in the past, all advertising will clearly specify that financing must be obtained from private sources.” … The validity of this provision is not in question, the principle having long since become established that in the event of default by a bidder, his bid deposit may be retained by the other party as an agreed amount for liquidated

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.

Haldane v. United States

1 Cl. Ct. 691 · United States Court of Claims · Mar 1, 1983

Thereafter, on *692 June 4, 1980, prior to her entry onto active duty, she was again examined and avers, “[I]n an examination that was much shorter than my enlistment physical, I was found to be in excellent health and qualified … United States, 212 Ct.Cl. 353, 356 , 548 F.2d 340, 342 (1977), and other cases, to the effect that the determination of the Board cannot be disturbed unless it is clearly arbitrary, capricious, not supported by substantial

Lebanon Chemical Corp. v. United States

32 Cont. Cas. Fed. 73,031 · United States Court of Claims · Aug 16, 1984

The agency is to establish procedures for the storage, transportation, and disposal of cancelled pesticides;, however, as contrasted with the indemnity provisions, there are no statutory provisions for government reimbursement … The plaintiff clearly had no reason to repudiate the agreement under which it had already performed.

Fletcher

650 F.2d 292 · United States Court of Claims · Dec 31, 1980

Thus, it is her contention that she may avail herself of the six-year statute of limitations and other generally applicable procedures in this court, under which she allegedly would qualify. … To allow taxpayers the option of proceeding at will either under the tax code or separate and apart therefrom would clearly defeat the purposes for which the refund-claim procedures in the tax code were established.

Shelden v. United States

19 Cl. Ct. 247 · United States Court of Claims · Jan 12, 1990

Defendant cites 28 U.S.C. § 2680 (c) as being an exception to the government’s waiver of sovereign immunity. … CONCLUSION Clearly the district court had the power to enter the order of forfeiture at issue in this case, and to have it enforced.

Circle K Corp. v. United States

23 Cl. Ct. 665 · United States Court of Claims · Aug 2, 1991

In response, the company implemented a program to establish a long position in corn futures to protect against possible further price increases. … Any agreement which provides for access at a reasonable price, and avoids the perils of excess purchases on the spot market, clearly is advantageous.

Babbitt v. United States

16 Ct. Cl. 202 · United States Court of Claims · Dec 15, 1880

The qualifying age of the cadet differs from that of the enlisted soldier and indicates a different object. … So far as it holds cadets to be enlisted men it is clearly wrong. IY.