Case law

Cooper v. United States

203 Ct. Cl. 300 · United States Court of Claims · Dec 19, 1973

There is a strong presumption that the board and the Secretary faithfully discharged their duties and the burden is upon plaintiff to prove otherwise. Callan v. United States, 196 Ct. … Cl. 392 , 450 F. 2d 1121 *305 (1971); Biddle v. United States, 186 Ct. Cl. 87 (1968). Plaintiff sought to meet that burden by complaints of irregularities in the actions of the board.

Garod Radio Corporation v. The United States

307 F.2d 945 · United States Court of Claims · Oct 3, 1962

Reinking Lumber Co. v. United States, Ct.Cl., 283 F.2d 527 , and Armstrong et al. v. United States, Ct.Cl., 287 F.2d 577 . … Bateson Company, Inc. v.

Duhon v. United States

461 F.2d 1278 · United States Court of Claims · Jun 16, 1972

board. 141 Ct. … The correction boards were created to remedy wrongs, not to confound them. Id. at 527 , 172 F. Supp. at 448 . In Betts v. United States, 145 Ct. Cl. 530 , 172 F.

Manufacturers Service Co. v. United States

518 F.2d 1202 · United States Court of Claims · Jun 25, 1975

However, as we stated in Sandnes’ Sons, Inc. v. United States, 199 Ct. … Phillips v. Commissioner, 283 U.S. 589, 595 (1931). See also Bob Jones University v. Simon, 416 U.S. 725 (1974) and Alexander v. “Americans United” Inc., 416 U.S. 752 (1974).

Furlong v. United States

153 Ct. Cl. 557 · United States Court of Claims · May 3, 1961

Cl. 275 ; Girault v. United States, 133 Ct. Cl. 135 ,; Prichard v. United States, 133 Ct. Cl. 212 ; Beamish v. United States, 130 Ct. Cl. 767 ; Holliday v. United States, 128 Ct. Cl. 647 ; Spencer v. … Holliday v. United States, supra; Wales v. United States, 132 Ct. Cl. 765 ; Johnson v. United States, supra.

Bromley Contracting Co. v. United States

34 Cont. Cas. Fed. 75,415 · United States Court of Claims · Dec 8, 1987

In S.O.G. v. … Stipulations on questions of law most certainly do not bind a Board of Contract Appeals or any other judicial panel. Swift & Co. v.

McKee v. United States

500 F.2d 525 · United States Court of Claims · Jul 19, 1974

Richardson v. Perales, 402 U.S. 389 (1971); Peters v. United States, 187 Ct. Cl. 63 , 408 F. 2d 719 (1969). … 'Since this is a proceeding for review of an agency appeals board decision, and such review can be made only on the basis of the board record, United States v.

The Deltec Corporation v. The United States

326 F.2d 1004 · United States Court of Claims · Jan 24, 1964

In 1954 the defendant entered into a cost-plus-fixed-fee contract with Brown-Raymond-Walsh (B-R-W) to construct three military air facilities in Spain. … As the case has developed, out of the various defenses raised, we need consider only this across-the-board position.

Stock & Grove, Inc. v. United States

493 F.2d 629 · United States Court of Claims · Mar 20, 1974

C.A. v. United States, supra, at 613-15, and Kaiser Industries v. United States, supra, at 323. … C.A. v. United States, supra.

American Woolen Co. v. United States

18 F. Supp. 783 · United States Court of Claims · Apr 5, 1937

By agreement of parties two cases, Nos. 42459 and 42904, of the American Woolen Company v. United States, have been submitted to the court under one finding of facts and one argument. … See quotation from case of Ohio Steel Foundry Co. v. United States, 38 F.(2d) 144 , 69 Ct.Cl. 158 , set out later on in this opinion.

Smith v. United States

67 Ct. Cl. 182 · United States Court of Claims · Mar 11, 1929

In the case of Curtis v. … United States v. Taylor, 104 U. S. 216 ; United States v. Cooper, 120 U. S. 124 ; Rock Island Railroad Co. v. United States, 254 U. S. 141, 143 .

Bromion, Incorporated v. The United States

411 F.2d 1020 · United States Court of Claims · Jun 20, 1969

In Dynamics Corporation of America v. … In Hol-Gar Manufacturing Corp. v. United States, 351 F.2d 972 , 169 Ct. Cl. 384 (1965) the court again concluded it was not bound by a Board determination.

Hooper v. United States

53 Ct. Cl. 90 · United States Court of Claims · Jan 7, 1918

Counsel for the plaintiff in their brief cite the cases of Downes v. United States, 52 C. Cls., 248 , and Toulon v. United States, 51 C. Cls., 87 ; 52 C. … Jones & Laughlin v. United States, 42 C. Cls., 178 . For the foregoing reasons the petition in this case must be dismissed, and it is so ordered.

P.J. Maffei Building Wrecking Corp. v. United States

31 Cont. Cas. Fed. 71,307 · United States Court of Claims · Jun 15, 1983

Typical of the cases relied upon are Foster Construction C.A. v. United States, supra, 193 Ct.Cl. 587 , 435 F.2d 873 (1970) and Fehlhaber Corp. v. … V 1981).

Delta Equipment & Construction Co. v. United States

104 F. Supp. 549 · United States Court of Claims · May 6, 1952

In reaching this conclusion we rely in part upon Weissbaum v. United States, 72 C. … Board of Commissioners, etc. v. Franklin, No. 39,793 (La.), appeal dismissed, 342 U. S. 844 (per curiam), rehearing den., 342 U. S. 889 .

Duvall v. United States

647 F.2d 131 · United States Court of Claims · Apr 22, 1981

See Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229-230 (1938). However, hearsay evidence can constitute substantial evidence, see Richardson v. … Slightly later yet comes Jacobowitz v.

Barger v. United States

170 Ct. Cl. 207 · United States Court of Claims · Apr 16, 1965

Powell v. Brannan, 196 F. 2d 871 (1952). No procedural error is claimed here and plaintiff has not, in our opinion, pointed to any error going to the heart of the administrative determination. … Eclov v. United States, 137 Ct. Cl. 341 (1957). Plaintiff’s motion for summary judgment is denied, defendant’s cross-motion is granted, and plaintiff’s petition is dismissed.

Curry v. United States

609 F.2d 980 · United States Court of Claims · Nov 14, 1979

Wright v. United States, 209 Ct. Cl. 734 (1976); Abruzzo v. United States, 206 Ct. Cl. 731 , 513 F.2d 608 (1975). … United States v. King, 395 U.S. 1 (1969).

Grumman Aerospace Corp. v. United States

579 F.2d 586 · United States Court of Claims · Jun 14, 1978

Renegotiation Board v. Grumman Aircraft Eng’r Corp., 421 U.S. 168 (1975). … Relying heavily upon certain language in Renegotiation Board v.

Sylvania Electric Products, Inc. v. United States

479 F.2d 1342 · United States Court of Claims · Jun 20, 1973

He reiterated this point in Lockheed Aircraft Corp. v. United States, 193 Ct. … Cutler- Hammer, Inc. v. United States, supra at 89, 416 F. 2d at 1314 . Thus as to both of these items there is substantial evidence to support the Board’s conclusion that the data was reasonably available.