Case law

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.

C.J. Betters, Corp. v. United States

36 Cont. Cas. Fed. 75,935 · United States Court of Claims · Aug 27, 1990

In Count I, Betters asserts that HUD failed to satisfy its obligation, under the sale contract, to establish rental subsidies on behalf of the apartments’ qualifying low income tenants on or shortly after *379 the date of … HUD’s statement that tenants in occupancy “have, or will have at closing or shortly thereafter” their Section 8 certificates, was clearly inaccurate given that the process necessary to validate such a statement had not even

Circle K Corp. v. United States

23 Cl. Ct. 161 · United States Court of Claims · May 16, 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 a reasonable price and avoids the perils of excess purchases on the spot market clearly is advantageous. See Mansfield Journal Co. v.

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.

John A. Henneberger v. The United States

403 F.2d 237 · United States Court of Claims · Nov 15, 1968

Plaintiff clearly volunteered (in the ordinary sense of the word) for an additional tour, but his requests were denied. … An active duty agreement, on the other hand, establishes a contractual relationship between the serviceman and the Navy for a definite period of time.

Dow Corning Corp. v. United States

22 Cl. Ct. 184 · United States Court of Claims · Jul 3, 1990

A DISC shall be treated for its taxable year as seeking to establish or maintain a foreign market with respect to sales of an item, product, or product line of export property from which qualified export receipts are derived … Clearly the regulations were promulgated in order to implement IRC § 994. Comments to the proposed regulations were submitted, after which a public hearing was held.

John W. Bennett, Jr. And Mary Bennett v. The United States

427 F.2d 1202 · United States Court of Claims · Jun 12, 1970

Only on a showing of transcendent extrinsic circumstances, 8 clearly not present here, could those results become tolerable. … The Foster case is clearly limited, as is shown by a study of the opinion there, to transactions involving those occurring before 1913 and in that respect is clearly distinguishable from the instant case and is, therefore

Murphy v. United States

22 Cl. Ct. 147 · United States Court of Claims · Nov 30, 1990

During their tours of AD, IRS officers remain eligible for separation in advance of their established DOS according to AFM 33-4 and AFR 36-12, as appropriate. … and applies therefor; or (2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.

Hendee v. United States

22 Ct. Cl. 134 · United States Court of Claims · Mar 14, 1887

The same section of the Revised Statutes (§ 1410) which defines who are petty officers also most clearly classes clerks as officers not holding commissions or warrants, and, not entitled to them, but still officers of the … He was required to qualify by taking an oath, and to expressly engage to serve till regularly discharged; and this could only be done by the appointing power, approved in the same manner as his appointment had been approved

Hill v. United States

21 Cl. Ct. 713 · United States Court of Claims · Oct 31, 1990

Clearly, the Code establishes separate rules for calculating the tax deductions available for depletable and depreciable costs, and the costs of depreciable improvements to the property are not a factor when calculating the … Section 1016 calls for adjusting the basis of the property to account for qualifying unrecovered costs of improvements.

De Graffenried v. United States

20 Cl. Ct. 458 · United States Court of Claims · May 18, 1990

Defendant has not established either that the claims are invalid or that this action is barred by the doctrine of laches, and plaintiff has established that the claims cover the accused Arsenal device. I. … Therefore, even if this court were incorrect and plaintiff had not established literal infringement of Claim 1, plaintiff has established infringement under the doctrine of equivalents. E.

McDowell v. United States

24 Cl. Ct. 205 · United States Court of Claims · Sep 26, 1991

McDowell was clearly limited in his activities to a much greater extent than the government’s 20% and 40% ratings would reflect. … In addition, the Federal Circuit, in the first sentence of its opinion, quickly disposed of the government's argument, stating simply: “[t]his court’s precedents establish that the Claims Court possesses jurisdiction to review

DeMauro Constr. Corp. v. United States

568 F.2d 1322 · United States Court of Claims · Jan 25, 1978

New's 903 (1957), established a dual system of government in the Ryukyus for the duration of American occupation. … This ordinance was entitled "Establishment of the Ryukyu Domestic Water Corporation.”

Schaller v. United States

288 F.2d 700 · United States Court of Claims · Apr 7, 1961

The Renegotiation Act, supra, clearly shows that plaintiff was employed subject to the Classification Act of 1949, 63 Stat. 954 , 972. … Thus the situation is this: Plaintiff must have been qualified for conversion to civil service status. Otherwise, Mr.

National Electric Signaling Co. v. United States

60 Ct. Cl. 338 · United States Court of Claims · Feb 16, 1925

Plaintiff’s contention, however, is that the special contract pleaded excepts him from the operation of the statutes, and in any event he is manifestly immune from the same because clearly not within its spirit and intent … Congress determined upon a new jurisdiction and extended to inventors the right to sue the United States in infringement cases, it so circumscribed the remedy as to give effect in even a more restricted sense to the rule established

Methodist Hospital of Indiana, Inc. v. United States

626 F.2d 823 · United States Court of Claims · Jul 2, 1980

To the contrary, it clearly specifies that costs must meet certain requirements unrelated to any particular accounting method. … This is clearly true in the instant case.

Oliveira v. United States

11 Cl. Ct. 101 · United States Court of Claims · Oct 10, 1986

In this connection, the Federal Circuit recently ruled that the “substantially justified” standard means that the Government must establish that its position in court and at the agency level was clearly reasonable. … upward in order to compensate for some special factor (such as the limited availability of qualified attorneys), or to compensate for inflation.

Franklin E. Penny Co. v. United States

524 F.2d 668 · United States Court of Claims · Oct 22, 1975

Clearly, there is no such obligation. … No citations of authority are offered in support of this point, though clearly the court’s rules demand this. See Rule 163 (b)(3) (ii).

Gerlach Livestock Co. v. United States

76 F. Supp. 87 · United States Court of Claims · Jun 1, 1948

If this is so, defendant is not immune from liability for property taken in carrying out the project. Cf. Kansas v. Colorado, 206 U.S. 46 , 85 et seq., 27 S.Ct. 655 , 51 L.Ed. 956 ; Horstmann Co. v. … There can be no doubt on the record that defendant’s intention to take plaintiffs’ rights had been clearly demonstrated and that it was in the process of carrying out that intention.

Brown

217 Ct. Cl. 710 · United States Court of Claims · Jun 27, 1978

Brown is entitled to an opportunity to establish his rights (under the applicable statutes and regulations) to the separation *716 travel allowance; therefore, the claim is remanded to the Trial Division. … The defendant clearly is not bound by any results in that suit, if the issues in that suit are not identical to those here or if it was not a party to or "in privity” with a party to the prior action.