Case law
Opinions from 1658 to today.
1,638 results
1.36s
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.
Cited 2 timesPublished217 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.
Cited 7 timesPublished24 Ct. Cl. 104 · United States Court of Claims · Jan 21, 1889
It will be seen by the words of this quotation that it is not the mere location or condition of the ship that determines the right of pay, but the condition of the ship with reference to the sea, qualified with the further … We do not recognize the case at bar as coming within the doctrine established by the Supreme Court in affirmance of this court; and nob being disposed to extend those cases to others not clearly within their principles of
Cited 1 timesPublishedStrother v. Secretary of the Department of Health & Human Services
21 Cl. Ct. 365 · United States Court of Claims · Aug 14, 1990
Temporal association alone establishes legal causation for a Table injury. Temporal association of the onset of injury with the vaccination is not sufficient, however, to establish causation in fact. Hasler v. … White’s “feeling” that he had ruled out causes other than a virus does not clearly associate the damaging infection with the vaccination.
Cited 16 timesPublished136 Ct. Cl. 365 · United States Court of Claims · Jul 12, 1956
Effective coverage through the employment of sufficient additional personnel is clearly impracticable. … The CAP-7 group consists of older, experienced officers who have served their apprenticeship, so to speak, and are qualified also to take charge of a detail of officers.
Overruled — as noted by a later courtCited 42 timesPublishedThrall v. Secretary of Department of Health & Human Services
26 Cl. Ct. 1419 · United States Court of Claims · Oct 15, 1992
on the Vaccine Injury Table, the burden rests squarely on the petitioner to establish by a preponderance of the evidence that the vaccine was administered within the time schedule set forth in the Table. … The controlling legal standard in this regard is set forth in 42 U.S.C. § 300aa-13(a), which provides that to qualify for compensation, a petitioner must demonstrate “by a preponderance of the evidence the matters required
Cited 2 timesPublished152 F. Supp. 433 · United States Court of Claims · May 1, 1956
However, as shown above, there were a series of notices that he received during the year 1946 which clearly showed that he would be retired on January 1, 1947. … RICHARD USN 29765 FOUND FIT FOR DUTY WITH RECOMMENDATION HE BE RETURNED TO DUTY BY BOARD OF MEDICAL SURVEY ON 11 AUGUST 1947 X FOUND PHYSICALLY QUALIFIED AND AERO-NAUTICALLY QUALIFIED FOR DUTY IN SERVICE GROUP NR THREE X
Cited 3 timesPublishedClark E. Finks, and Francis Arthur Willette, Jr. v. The United States
395 F.2d 999 · United States Court of Claims · Jun 14, 1968
He found that da Silva had been unable to offer sufficient evidence to establish ownership and noted that customs duties would have to be paid if a sale occurred. … Those decisions do not support plaintiffs’ claim because the seizures and appropriations therein involved were clearly not temporary, and there were never any offers or attempts to return the appropriated property.
Cited 17 timesPublishedB Amusement Company v. United States
180 F. Supp. 386 · United States Court of Claims · Jan 20, 1960
Here, however, the record clearly shows that the defendant’s acts were designed to protect plaintiffs’ private properties, not to take them; nor can it be said that the natural consequences of these acts would result in a … This long established policy of non-liability is bottomed on public policy and not sovereign immunity, but, at any rate, it is a withdrawal of consent to be sued in such cases, if it can be said that such *390 consent had
Cited 6 timesPublishedAtlantic City Electric Company v. United States
161 F. Supp. 811 · United States Court of Claims · May 7, 1958
The plaintiff was a public utility, and the stock in question qualified in all respects for the benefits of section 26(h). … The accrued dividends so paid were clearly deductible under the provisions of section 26(h), and they are not involved in this case. The redemption payments of $20 per share are the payments in question.
Cited 13 timesPublished478 F.2d 1217 · United States Court of Claims · May 11, 1973
. § 1.1375-4 (fe) 7 sets forth the requirement that distributions, to qualify for the benefits of section 1375(d), must be made in money. … Since we have concluded that the constructive receipt doctrine is inapplicable, * * * the Roe decision is clearly distinguishable. * * * [ 430 F. 2d at 1172 .]
Cited 14 timesPublishedSeaboard Lumber Co. v. United States
19 Cl. Ct. 310 · United States Court of Claims · Jan 26, 1990
It is uncontested that the blowdown of timber qualified as “catastrophic damage” under contract Clause B2.133. … Clearly, the purposes for termination under Clauses B8.222 and C8.2 are different.
Cited 8 timesPublished178 Ct. Cl. 277 · United States Court of Claims · Jan 20, 1967
Eeason: Established. * * * At present the patient is asymptomatic; his condition is good. … Commander O’Connell, on the qther hand, while agreeing that equally qualified doctors could disagree on the extent of the disability, limited the range wherein qualified doctors might reasonably differ in plaintiff’s case
Cited 23 timesPublished161 Ct. Cl. 689 · United States Court of Claims · May 10, 1963
In other words, section 402(f) of the Act clearly requires that a member complete a full 20 years of active service to become eligible to receive retired pay. … Clearly there is a distinction between computation of service for the purpose of determining eligibility to receive retired pay and service to be credited in the computation of retired pay.
Cited 0 timesPublishedSol-G Construction Corp. v. United States
30 Cont. Cas. Fed. 70,150 · United States Court of Claims · Jul 23, 1982
The rehabilitation projects qualified for mortgage insurance under the National Housing Act, and the Department of Housing and Urban Development (hud) insured each of the mortgages. … Clearly, these increases did not fall within the three categories listed in the Handbook as quoted above.
Cited 4 timesPublishedHughes Communications Galaxy, Inc. v. United States
37 Cont. Cas. Fed. 76,307 · United States Court of Claims · Apr 13, 1992
None of Hughes’ HC-series satellites qualified for either national security, foreign policy, or shuttle-unique status. … What would clearly have been a breach is if NASA, without legal excuse, made no effort to perform—if it in effect committed an anticipatory breach.
Reversed on other grounds by Hughes Communications Galaxy, Inc. v. The United States, 998 F.2d 953 (1993)Cited 18 timesPublished309 F.2d 753 · United States Court of Claims · Nov 7, 1962
That provision clearly covers enlisted men as well as officers previously retired for disability. … He was, accordingly, released from active duty and classified as not physically qualified for mobilization ashore.
Cited 1 timesPublishedGibraltar Financial Corp. v. United States
10 Cl. Ct. 31 · United States Court of Claims · May 9, 1986
Gibraltar qualifies as “a domestic building and loan association” under 26 U.S.C. § 593 (a) for purposes of section 595(a). … But this axiom is tempered by the admonition that a regulation which is clearly incompatible with the statute under which it was ostensibly promulgated must give way.” Sullivan v.
Reversed by Gibraltar Financial Corporation of California, Etc. v. The United States, 825 F.2d 1568 (1987)Cited 2 timesPublishedAcme Process Equipment Co. v. United States
347 F.2d 538 · United States Court of Claims · Jun 11, 1965
What we have is a factual decision by the Board based on its acceptance of the testimony of one apparently qualified expert witness over another. … In addition, the group’s agency for Acme clearly lacked stability.
Cited 12 timesPublished610 F.2d 760 · United States Court of Claims · Dec 12, 1979
. § 8336 (c) 1 which establishes special annuity rights for retired Federal firefighters. The issue is whether plaintiff (Ellis) is a "firefighter” for purposes of the statute. … If plaintiff is qualified to receive the annuity, it matters not how much money he made in another job — his entitlement to retirement annuity survives.
Cited 34 timesPublished
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