Case law

Blount, Inc. v. United States

36 Cont. Cas. Fed. 75,981 · United States Court of Claims · Dec 20, 1990

However, the fact remains that the business questionnaire was submitted with the IFB and qualified Blount’s acceptance of the terms of the contract. … In 45 Comp.Gen. 177 (1965), the bidder clearly demonstrated an unwillingness to comply with the 20 percent self-performance requirement.

NL Industries, Inc. v. United States

12 Cl. Ct. 391 · United States Court of Claims · May 22, 1987

This court would agree that, as a separate and clearly distinct property interest, plaintiffs market expectations (that is, lost anticipated revenues or profits) would not qualify as “property” within the fifth amendment. … However, expectations which are backed by investment do qualify as such property interests.

Krapf v. United States

17 Cl. Ct. 750 · United States Court of Claims · Jul 20, 1989

However, transit authorities in many states required those submitting bids to qualify for performance bonding. … Third, the government’s highly-qualified expert, Mr. Ohanian, clearly testified that the company’s serious, economic condition continued to worsen from *758 1975, a year before the gift date until bankruptcy in 1981.

Foreman v. United States

26 Cl. Ct. 553 · United States Court of Claims · May 29, 1992

Under this principle, a later statute will not be held to repeal an earlier one unless the intention to repeal is expressed clearly in the later statute. Id. … This approach is implicit in the establishment of a bicameral legislature and in the requirement that bills be presented to the President and be subject to a qualified veto, in article I, § 7.”

Sweeney v. United States

177 Ct. Cl. 651 · United States Court of Claims · Dec 16, 1966

employees in the function or functions transferred or in the agency which is replaced by some other agency shall first be transferred to the replaceing [sic] agency, or agencies, for employment in positions for which they are qualified … There was no GS-13 retention register established by OEP after the transfer to reflect any positions of the kind and nature held by plaintiff.

Triponi v. United States

633 F.2d 933 · United States Court of Claims · Jul 16, 1980

In order to qualify for annual premium pay, this "standby overtime” must be required of the employee, and the hours must be part of a regularly established, pre-set time schedule. … The language in these statutes clearly applies only to section 5545(c)(1) pay, with the sole exception of retirement.

Union Chemical & Materials Corp. v. United States

296 F.2d 221 · United States Court of Claims · Nov 1, 1961

They held that this was a factual question and that the Tax Court was not clearly erroneous in holding that the options were granted to give the employee a proprietary interest. … In our view there is no statutory basis for the test established by the courts below. When assets are transferred by an employer to an employee to secure better services they are plainly compensation.”

S & G Excavating, Inc. v. United States

15 Cl. Ct. 157 · United States Court of Claims · Jul 5, 1988

The administrative record clearly indicates that the coal sold from Pit No. 1, the only mine involved in OSM’s determination, totals only 364,279 tons. … In light of the above, the judge concluded that McNabb Coal Co. had failed to sustain the burden of establishing an exemption.

Moorhead v. United States

18 Cl. Ct. 849 · United States Court of Claims · Nov 27, 1989

If Donald should qualify for Medicaid benefits in the future, petitioners would be obligated to reimburse the Vaccine Program for any payments they receive under Medicaid. … This obligation is clearly reflected in section 300aa-17(a), which states that the Vaccine Program "shall be subrogated to all rights of the petitioners with respect to the vaccine-related injury ... for which compensation

Brown v. United States

143 Ct. Cl. 605 · United States Court of Claims · Oct 8, 1958

In view of the facts clearly established by the unoontra-dicted evidence concerning plaintiff’s life up to the time he suffered his breakdown in 1944 while in the service, we agree with the plaintiff’s contention that prior … He was a qualified and experienced neuropsy-chiatrist.

Barlow v. United States

82 Ct. Cl. 360 · United States Court of Claims · Feb 3, 1936

Defendant cites with apparent confidence a long list of decided cases which clearly establish the quotation in its brief, taken from the case of Blake v. San Francisco, 113 U. S. 679, 682 . … Cls. 1 , the tender of the invention under the act of October 6, 1917, was clearly established. In the instant case it is to be noted that each of the patents sued upon was not granted until 1919.

JJJ Corp. v. United States

576 F.2d 327 · United States Court of Claims · May 17, 1978

Gorfinkle, establish that he was irrational at times and manifested paranoid symptoms. … The actions of the board clearly evidence the intention to operate as an investment company.

Kennedy v. United States

162 Ct. Cl. 752 · United States Court of Claims · Jul 12, 1963

In the Campbell case recovery was allowed on the basis of facts and circumstances which are clearly distinguishable from the situation which exists in the instant case. B. … On November 10, 1943, plaintiff was examined and found physically qualified for promotion in accordance with Al Nav 166-43, which states, in part: Special service Reserve officers may be appointed, if found physically qualified

Foster v. United States

607 F.2d 943 · United States Court of Claims · Oct 17, 1979

The intention of the grantors, the McClellans, was clearly established at trial. … The question remains, however, as to whether dolomite qualifies as a "mineral” as that term is used in a scientific and geologic sense.

Huntley v. United States

4 Cl. Ct. 65 · United States Court of Claims · Dec 7, 1983

Specifically, the Government’s contention was that, in reality, plaintiffs’ grievance was based upon misrepresentation rather than the breach of any independent duty; therefore, their suit against SBA was barred by the immunity … First, with respect to the contention that jurisdiction of the district court was defeated by the failure of the complaint to assert a cognizable claim, the law is clearly the other way. Bell v.

The National Board Of The Young Men's Christian Associations v. United States

396 F.2d 467 · United States Court of Claims · Jun 14, 1968

The rioters then attacked the Masonic Temple with Molotov cocktails, and the command post which had been established in that building had to be abandoned. … Pacific Railroad, 120 U.S. 227 , 7 S.Ct. 490 , 30 L.Ed. 634 , established the rule that the sovereign is immune from liability for confiscation of private property taken by defendant, through destruction or otherwise, to

Boise Cascade Corp. v. United States

530 F.2d 1367 · United States Court of Claims · Jan 28, 1976

The sole witness was a qualified certified public accountant and a partner in a major accounting firm. … The record clearly establishes that such system is a generally accepted accounting method for a busi *630 ness such, as Ebasco’s. Does it clearly reflect income as required by section 446 of the Code ?

Aleut Community of St. Paul Island v. United States

480 F.2d 831 · United States Court of Claims · Jun 20, 1973

In that case the Court found fee simple title of certain land had been established by the plaintiff via prescription. … Here a special relationship clearly existed.

Egan v. United States

158 F. Supp. 377 · United States Court of Claims · Apr 2, 1958

It was later fully established that these witnesses lied. … He was intent upon establishing that he had no mental disorder and that he had been mistreated.

Frecht v. United States

25 Cl. Ct. 121 · United States Court of Claims · Jan 21, 1992

There was not sufficient evidence to establish an injustice in connection with the applicant’s general discharge. 3. … This last dialogue clearly indicates that Finding 5 and the recommendation to discharge plaintiff were voted on by the BOI prior to its meeting with the legal advisor.