Case law

Alaskan Arctic Gas Pipeline Co. v. United States

19 Cl. Ct. 211 · United States Court of Claims · Jan 11, 1990

The defendant opposes the fee application on the grounds that plaintiffs have not carried their burden of establishing their eligibility to recover attorney fees under the EAJA. … Having summarily failed to qualify under this first requirement of the four-part eligibility test, generally it is unnecessary to go further.

Milford Memorial Hospital, Inc. v. United States

675 F.2d 270 · United States Court of Claims · Mar 10, 1982

By our view, such silence would presumptively establish the grant *82 was unrestricted and a heavy burden would rest on anyone contending otherwise. … The hospital clearly did correctly say at all times that it was the unrestricted owner of the money, even though the grounds it said it relied on for saying so were not factually established.

Summit Contractors v. United States

36 Cont. Cas. Fed. 75,964 · United States Court of Claims · Nov 8, 1990

In addition, the bid prospectus clearly instructed Summit to inspect the Canyondam sale area to independently ascertain a reliable volume estimate. … Assuming arguendo that the 75 percent requirement was met by plaintiff, Summit would merely qualify for, but not be entitled to, a contract extension.

Shore v. United States

164 F. Supp. 241 · United States Court of Claims · Jul 16, 1958

Persons who limit their availability to specific locations cannot be considered unless qualified candidates prepared to accept assignment to any post *227 are not available. … Plaintiff does not allege that qualified candidates prepared to accept assignment to any post were not available.

H.B. Zachry Co. v. United States

471 F.2d 1392 · United States Court of Claims · Jan 18, 1973

Once a qualified renegotiation 4 has occurred and repayment is made, a taxpayer must recompute a prior year’s tax in order to determine the amount to be paid in the repayment year. … Clearly, this means -that in computing his tax liability for the year in which the repayment is made, the taxpayer shall not *415 include the amount of .the repayment.

Meyer v. United States

121 F. Supp. 898 · United States Court of Claims · Jun 8, 1954

The plaintiffs further claim that the transfer in 1931 was for a business purpose and was brought about by a business exigency and therefore this principle, established in Gregory v. … Plaintiffs contend that the old corporation was not insolvent in the bankruptcy sense, but this position is clearly not supported by the evidence.

American Guaranty Corporation and Harry H. Burton, Receiver v. The United States

401 F.2d 1004 · United States Court of Claims · Oct 18, 1968

The validity of these fees for the referees’ fund is challenged by plaintiff and asserted to be void, invalid, and of no effect because it established a “fixed fee” not in any way “graduated” as required by the enabling statute … Since the United States did not waive its immunity in that suit, the court lacked jurisdiction over the parties, and consequently had to dismiss the petition.

Wm. T. Thompson Co. v. United States

38 Cont. Cas. Fed. 76,311 · United States Court of Claims · Apr 22, 1992

The moving party, in this case the defendant, has the burden of establishing that there are no genuine issues of material fact, Celotex Corp. v. … tort damages, especially in light of the expansion of immunity clearly manifested in Boyle.

Hartwig v. United States

485 F.2d 615 · United States Court of Claims · Oct 17, 1973

The law in this area is of vintage development, resulting in the establishment of certain well-defined principles. … Nebraska officials were unable to certify this flood as creating a disaster area qualifying for state funds.

Power v. United States

597 F.2d 258 · United States Court of Claims · Apr 18, 1979

Possibly the Federal Personnel Manual Supplement 990-2 may qualify this requirement somewhat when it provides for back-pay on the basis of a higher grade if it is "clearly established” that the promotion would have occurred … Nor is it "clearly established” that he would have been promoted. His claim to the salary of the higher grade is based only upon hope, and perhaps reasonable expectation.

Kephart v. United States

74 F. Supp. 578 · United States Court of Claims · Dec 1, 1947

The law was clearly intended to preclude restoration to work of a lower classification. … It must be done by specific legislation clearly disclosing such intention.

Betts v. United States

62 Ct. Cl. 1 · United States Court of Claims · Feb 1, 1926

Good will has been said to be intangible property, which in the nature of things can have no existence apart from a business of some sort that has been established and carried on at a particular place and that it can not … This court *11 has jurisdiction in tax cases to find the facts and apply to them the law, and so far as the expression quoted can be supposed to qualify this unquestionable right and duty, it must be regarded as overruled

Pine Products Corp. v. United States

36 Cont. Cas. Fed. 75,823 · United States Court of Claims · Mar 12, 1990

The statute established a three-tiered payment schedule. … Since Pine Products’ 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).

Siegel v. United States

148 Ct. Cl. 420 · United States Court of Claims · Jan 20, 1960

collapse, perforating ulcer, decompensating heart disease, coronary occlusion, or thrombosis or cerebral hemorrhage, occurring while in service will be regarded as service-incurred or service-aggravated, unless it can be clearly … collapse, perforating ulcer, decompensating heart disease, *440 coronary occlusion, or thrombosis or cerebral hemorrhage, occurring while in service will be regarded as service-incurred or service-aggravated, unless it can be clearly

American Satellite Co. v. United States

36 Cont. Cas. Fed. 75,884 · United States Court of Claims · Jun 26, 1990

The EPC was an advisory group established by the President in 1985. Membership was drawn primarily from cabinet officials. A NASA representative was a member of the EPC. … The Department of Defense was responsible for making the determinations as to which satellites had national security implications in order to qualify for a Shuttle launch. On January 26, 1989, Gordon A.

Goldstein v. United States

130 F. Supp. 330 · United States Court of Claims · Apr 5, 1955

The record of your case clearly indicates that you have been guilty of fraudulent enlistment. … The character of your discharge from the Army after completion of the above authorized enlistment shall be dependent upon the record you establish during that enlistment.

Miller v. United States

620 F.2d 812 · United States Court of Claims · Apr 16, 1980

Stimson, an Oregon corporation, was established in 1930. … The net Scribner volume seems clearly to apply to the net volume of the cut timber brought to the mill.

KAMEN SOAP PRODUCTS COMPANY v. United States

124 F. Supp. 608 · United States Court of Claims · Oct 5, 1954

Kamen, no covering or qualifying letter from plaintiff was read in connection with plaintiff’s bid. Mr. … This is one of the conditions on which the Government gives its consent to be sued and waives its otherwise sovereign immunity.

Oak Forest, Inc. v. United States

23 Cl. Ct. 90 · United States Court of Claims · Apr 26, 1991

The United States has not waived sovereign immunity for such a claim, however. See 28 U.S.C. § 2680 (h) (1988); United States v. Drinkwater, 434 F.Supp. 457, 460 (E.D.Va.1977). … Clearly, plaintiffs cannot recover for a taking as of November 15, 1988 unless they establish some property interest, either in the disputed strip between the base and the subdivision or in the access road.

American National Bank & Trust Co. v. United States

37 Cont. Cas. Fed. 76,134 · United States Court of Claims · Jul 9, 1991

Without the proper authority, DLA’s payments to plaintiff were contrary to the law and clearly erroneous. … Established law clearly provides that the Government may recover funds which its agents have wrongfully, erroneously, or illegally paid. No statute is necessary to authorize the Government to sue in such a case.