Case law

Sealright-Oswego Falls Corp. v. United States

163 F. Supp. 630 · United States Court of Claims · Jul 16, 1958

To qualify for relief under section 444 a number of showings are required. However, the parties have agreed that plaintiff has qualified in every respect except the one which is in question. … The statute clearly makes the capacity for production the basic test.

Johnson Controls, Inc. v. United States

32 Cont. Cas. Fed. 73,659 · United States Court of Claims · Jun 13, 1985

A review of “[t]he cases decided by the tribunals of the world” has led one commentator to conclude that “absent an agreement, practically the only situation where a claim of immunity [from local jurisdiction by a member … argue that Johnson is a third-party beneficiary of a modification to the Construction Order providing: “The FRG will ensure that any substitution of another subcontractor for Johnson Controls be submitted for review and qualified

Arnold A. Morse, Sr., and Hellen v. Morse v. The United States

443 F.2d 1185 · United States Court of Claims · Jun 11, 1971

Therefore, the compensation of employees of the commissaries does not qualify for the exemption from Federal income tax afforded by section 911(a) of the Internal Revenue Code of 1954. … It is clearly pointed out that the Government will not be responsible for any obligations of employee associations, but at the same time, certain minimum fiscal control measures are set forth.

Wood v. United States

176 Ct. Cl. 737 · United States Court of Claims · Jul 15, 1966

to establish a showing of probable error or injustice in his case. … Further, even if the existence of the condition prior to entering active service has been established, only specific findings of “natural progress” of the disease or injury, based on well-established medical principles, are

Consortium Venture Corp. v. United States

32 Cont. Cas. Fed. 72,374 · United States Court of Claims · Apr 6, 1984

FACTS On October 9, 1973, plaintiff entered into contract No. 39-4-7003-000 with the United States to provide training and support services to “qualified participants” of the Jobs Entry Program under the Manpower Development … Those sections merely provide for the continued funding of MDTA-type programs already established before June 30, 1973 to insure an orderly transition of the programs through June 30, 1974.

Heaphy v. United States

23 Cl. Ct. 697 · United States Court of Claims · Aug 9, 1991

The facts in Borgford , however, are clearly distinguishable from the instant case. … As such, plaintiff argues his was a “pro forma ” resignation, clearly distinguishable from the “purely voluntary” action taken in Sammt .

Everett Plywood Corp. v. United States

31 Cont. Cas. Fed. 71,733 · United States Court of Claims · Nov 4, 1983

With respect to matters begun on or after October 1, 1982, the Claims Court clearly is vested with jurisdiction under 28 U.S.C. § 1491 over timber cutting contracts. … The remainder of the expenses clearly were waived by the terms of paragraph 4 of the stipulation, which plaintiff signed in May 1983.

Boruski v. United States

155 F. Supp. 320 · United States Court of Claims · Oct 9, 1957

We hold, therefore, that the honorable discharge, insofar as this court is concerned, in light of the Judge Advocate General’s explicit and clearly written opinion should have been made effective as of the date of that opinion … For an officer to qualify for flight pay it is imperative that he participate in aerial flight, 37 U.S.C.A. § 235 (1952 Ed., Supp. IV), formerly 37 U.S.C. § 118 (1946 Ed.).

American Export Isbrandtsen Lines, Inc. v. United States

499 F.2d 552 · United States Court of Claims · Jun 19, 1974

Sailings had to be approved by the United States before they were eligible for subsidy and some voyages simply did not qualify. … That is, it provides the board with sufficient authority to reject an operator’s request for subsidy for an expense clearly beyond the ken of a subsidy contract.

Erika, Inc. v. United States

634 F.2d 580 · United States Court of Claims · Oct 22, 1980

Defendant is likely to abandon here any but pro forma insistence on jurisdictional objections when we have once established a precedent in favor of our own jurisdiction. … It, and the Lincoln quote that decorates our lobby, should never be reproduced without a qualifying reference to the doctrine of strict construction of the consent to be sued, and a tolling of the bell for all the litigants

United States v. Oneida Nation of New York

576 F.2d 870 · United States Court of Claims · May 17, 1978

It seems apparent to me that in 1784 New York was intruding into a jurisdiction clearly demarked for the Congress, the making of war and the negotiation of peace. See Madison letter, finding 83. … New York, that perpetrated the wrong, has not waived sovereign immunity, nor the statute of limitations, nor can it be sued on moral grounds.

Buck Kreihs Company, Inc. v. The United States

427 F.2d 770 · United States Court of Claims · Jun 12, 1970

We are unable to reach this issue without overstepping our established jurisdictional boundaries. Our discussion below explains why plaintiff must seek relief elsewhere. … The court held clearly that such services were not performed pursuant to a maritime contract since at the time *775 of performance the ship was in “custodia legis” and hence withdrawn from navigation and commerce.

Sawyer v. United States

18 Cl. Ct. 860 · United States Court of Claims · Dec 1, 1989

A finding of misconduct due to voluntary intoxication may only be made, however, when: (a) [I]t can be clearly shown that the member’s physical or mental faculties were impaired; (b) the extent of impairment can be clearly … A blood alcohol level of that degree clearly establishes that the member’s physical or mental faculties were impaired. Additionally, it constitutes clear evidence as to the extent of the impairment.

Stellacom, Inc. v. United States

37 Cont. Cas. Fed. 76,127 · United States Court of Claims · Jun 24, 1991

Excluding the pass through billings, plaintiff unquestionably would qualify as a small business. … The SBA bases its decision of whether a concern qualifies as small on the concern’s annual receipts.

Murray v. United States

687 F.2d 386 · United States Court of Claims · Aug 25, 1982

Section 2502(d) clearly states that "the tax imposed by Section 2501 shall be paid by the donor.” … Articles Sixth, Seventh and Eighth manifest an unqualified intent to establish the several trusts, subject only to Oliver’s power to revoke.

Mendenhall v. United States

36 Cont. Cas. Fed. 75,836 · United States Court of Claims · Mar 28, 1990

clearly the contracts at issue, to recite the amount of monetary compensation desired, or to invoke the CDA. … The amount of interest owed to a contractor who prevails in a CDA suit in this court is established in 41 U.S.C. § 611 .

Sioux Nation of Indians v. United States

601 F.2d 1157 · United States Court of Claims · Jun 13, 1979

Many takers, including the United States, have sovereign immunity to unconsented suits. Naganab v. Hitchcock, 202 U.S. 473 (1906). … They clearly did invoke the fifth amendment, and they clearly did assert the government was taking, or threatened to take, their property.

Whiteside v. United States

26 Cl. Ct. 564 · United States Court of Claims · Jun 5, 1992

United States, 809 F.2d 425, 427 (7th Cir.1987) (stating that liability is established where a responsible person “(1) clearly ought to have known that (2) there was a grave risk that the withholding taxes were not being … Plaintiff Whiteside had a faulty, or convenient memory, recalling some things very clearly, but not having any recollection of other events.

Benevento v. United States

461 F.2d 1316 · United States Court of Claims · Jun 16, 1972

. *808 (e) The evidence does not establish an average length of voyage for any other sort of vessel. … by the record, nor does the record indicate whether an engineer generally qualified to serve, and serving, aboard the Delaware or Albatross IV would be qualified, insofar as license is concerned, to serve aboard such other

Fogg v. United States

180 Ct. Cl. 605 · United States Court of Claims · Jun 9, 1967

Section 1003, defendant argues, “clearly requires an active affirmative action, rather than a passive act or an administrative determination, to continue plaintiff on *613 the rolls on a temporary basis”, and “that ‘no action … should have been removed was attributable to inadvertence or administrative oversight or error, need not here be determined. 6 As hereinabove set forth, the record in this case (entirely stipulated) is wholly insufficient to establish