Case law

Ellis v. United States

610 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.

Reeside v. United States

2 Ct. Cl. 1 · United States Court of Claims · Dec 15, 1866

LoRiNG, J., dissenting: The laws for the organization of the army establish a quartermaster’s department, and designate its officers, and assign to them the duty, among others, of providing means of transport, camp and garrison … purport to do so, or refer in any way to the substitution of civilians for the officers of the quartermaster’s department* in the performance of duties appointed to them by law, and the letter of the Quartermaster General clearly

Juan S. Aflague (Paul F. Forster, No. 13) v. The United States. Rush C. Cobb, (George C. Ellis, No. 2) v. The United States. Frank Briggs Wilson v. The United States

309 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.

Pao

618 F.2d 120 · United States Court of Claims · Mar 30, 1979

Defendant contends that the decision of the FEAA is clearly supported by the record. … It found that the evidence before it did not establish that typing was a significant part of the work performed by plaintiff. We hold that there is substantial evidence to support that finding.

S & E Contractors, Inc. v. The United States

433 F.2d 1373 · United States Court of Claims · Nov 30, 1970

Before tackling these provocative questions, we think it appropriate to define clearly the perimeters of our analysis. … The interests of the contractors are clearly and undoubtedly involved. But likewise involved are the interests of the Government.

Radioptics, Inc. v. United States

621 F.2d 1113 · United States Court of Claims · Apr 30, 1980

It was on the basis of their prior knowledge of the technology that they were qualified to evaluate P-103 and upon which they concluded that the subject matter of P-103 had sufficient merit to warrant further investigation … In particular, every document received in evidence which related to the contents of P-103, including P-103 itself, was clearly stamped "CONFIDENTIAL” by the AEC.

The United States v. Southern Ute Tribe or Band of Indians

423 F.2d 346 · United States Court of Claims · Mar 20, 1970

Defendant in this instance has clearly not done all it might have done to clear up any uncertainty there may be about the intent of the parties to the stipulation. … terms of the agreement, do what it pleased with the lands and their proceeds, giving the Indians the privilege of having their legal rights determined only at long intervals * * * when the sovereign deigned to waive its immunity

Burlington Northern Inc. v. United States

676 F.2d 566 · United States Court of Claims · Mar 10, 1982

As previously mentioned, plaintiffs assets are virtually immune to physical decay; that is, they are largely unaffected by the mere passage of time. … Such evidence as presented herein is clearly unsatisfactory to establish that the Iowa curve selected to project an historical data base will produce a realistic forecast of the asset’s retirement pattern.

Bellevue Bus Service, Inc. v. United States

15 Cl. Ct. 131 · United States Court of Claims · Jul 6, 1988

Clearly it was not. The evaluation was based on the minimum requirements for school buses set out in the solicitation. Furthermore, the decision to reinspect was not precluded by the terms of the solicitation. … To receive the reprocured contract, Bellevue had to be the lowest qualified bidder; it was not. 4 CONCLUSION Defendant’s motion for summary judgment is granted. The Clerk is directed to dismiss the complaint.

Torti v. United States

135 Ct. Cl. 214 · United States Court of Claims · May 1, 1956

He was then found physically qualified for limited military service only by reason of external hemorrhoids. Plaintiff’s Army service consisted of a total of 133 days, 85 days of which were spent in the hospital. … Plaintiff’s claim was reconsidered by the Board of Veterans Appeals for the fourth time on January 18,1951, and the Board in its decision concluded “that the evidence clearly and unmistabably establishes that rheumatoid state

Walters v. United States

181 Ct. Cl. 790 · United States Court of Claims · Dec 15, 1967

Those in CWO W-4 not so qualified were dropped to head the next grade, CWO W-3. … To establish a sequence on the promotion list within the grades of W-4, W-3, and W-2, Department of the Army Special Order, SO-243, dated December 1, 1954, established, for the officers listed thereon, a D/R of November 1

Hoppock v. United States

176 Ct. Cl. 1147 · United States Court of Claims · Jul 15, 1966

In these letters plaintiff’s attorney stressed the facts that, contrary to the opinions of the Keview Board and BuMed, the statements and affidavits showed clearly that plaintiff was incapacitated at the time of his release … As a result of a protest concerning that information, a medical consultant for the VA was engaged to study the matter; the doctor concluded that the statement was clearly erroneous ; that the diagnoses of portal cirrhosis

Pine Products Corp. v. United States

34 Cont. Cas. Fed. 75,495 · United States Court of Claims · May 26, 1988

The statute established a three-tiered payment schedule. … Since plaintiff’s potential contract losses exceeded its net worth, it qualified for the minimum buy-out charge of $10 per MBF. 16 U.S.C. § 618 (a)(3)(A)(i).

Belk v. United States

12 Cl. Ct. 732 · United States Court of Claims · Jul 22, 1987

These causes of action were for false imprisonment, assault and battery, intentional infliction of emotional distress, loss of consortium, and the invasion of other rights, immunities, and privileges. … This principle was established by our first President when he refused a congressional request for information pertaining to the negotiations of the Jay Treaty of 1794.

Import Wholesalers Corp. v. United States

368 F.2d 577 · United States Court of Claims · Nov 10, 1966

Here, the plaintiff’s claim requested “return” of its “rightful property” and asserted clearly that it was not the first purchaser in the United States of the imported automobiles, and that it was therefore not liable for … Evatt, 324 U.S. 652, 661-663 , 65 S.Ct. 870 , 89 L.Ed. 1252 (1945), involving constitutional immunity of imports from state taxation, the Ohio Supreme Court had ruled that petitioner was subject to a state ad valorem tax

Nitol v. United States

7 Cl. Ct. 405 · United States Court of Claims · Feb 14, 1985

Independent, qualified testing for radiation levels is necessary both to preserve plaintiffs’ property rights and to preserve their health. … Plaintiffs’ claim in cause of action III clearly grows out of and is dependent upon that treaty. Plaintiffs’ claims in cause of action III have no existence that is separate and apart from the Trusteeship Agreement.

Walden v. United States

24 Cl. Ct. 521 · United States Court of Claims · Nov 22, 1991

Due to the lack of an established service connection, the schizophrenia claim was denied, as well. In accordance with proper procedures, the VA issued a Statement of the Case on September 8, 1981. … The Board of Veterans Appeals established a service connection for plaintiff’s PTSD on August 30, 1983.

S. S. Silberblatt, Inc. v. The United States

433 F.2d 1314 · United States Court of Claims · Nov 13, 1970

Faced with this objection, which was clearly reasonable in the circumstances, plaintiff’s president stated that he had no fixed preference as to who did the grading and thereupon telephoned to Portland headquarters of WCLIB … Norman had extensive experience as a construction superintendent and was well qualified to act as a trouble shooter. (Finding 26.)

American Standard, Inc. v. United States

602 F.2d 256 · United States Court of Claims · Jun 13, 1979

A corporation had to meet the rigid requirements of section 921 to qualify. … Reg. § 1.1502-25 clearly defeats this intended inducement to American business.

Brown v. United States

122 Ct. Cl. 361 · United States Court of Claims · May 6, 1952

The United States as the sovereign is immune from liability in the absence of congressional action, and neither the President nor any of his executive officers, nor the courts, possess power to impose such liability. … In the instant case the plaintiff was clearly afforded all the procedural rights provided for one engaged in a loyalty test.