Case law

Skrobot v. United States

534 F.2d 237 · United States Court of Claims · Dec 17, 1975

If the guidelines of 4r-3b are met, an employee establishes a legal right to a promotion. … Thousands of government employees perform functions not formally established by their job descriptions.

Trustees of the Graceland Cemetery Improvement Fund v. United States

515 F.2d 763 · United States Court of Claims · Apr 16, 1975

It was established as a non-share-holding special charter Illinois corporation whose principal purpose is the perpetual care and maintenance of the Graceland Cemetery located in Chicago, Illinois. … All bills it received for work done on an individual lot were charged to the particular Section 9 fund established for that lot.

Wolf v. United States

168 Ct. Cl. 24 · United States Court of Claims · Nov 13, 1964

Medical examinations on May 14, 1947, and in 1948, 1951, 1952, 1953, and 1954, resulted in findings that plaintiff was physically qualified for the per *27 formance of flying duties. … Clearly, the small intestine performs a different function than the large. In other words, each of the resections produces a different manifestation.

Wesolowski v. United States

174 Ct. Cl. 682 · United States Court of Claims · Feb 18, 1966

Member is qualified for retention on duty because the mild degree of severity of leg weakness described in the records will not prevent ordinary military service, with appropriate use of the physical profile serial system … In order to establish that the Secretary’s action was so arbitrary and capricious, plaintiff must discharge a very substantial burden of proof. * * * *694 As the court said in Towell v.

Kellus v. United States

13 Cl. Ct. 538 · United States Court of Claims · Nov 3, 1987

This court is “not empowered to promote a government employee to a higher grade, or to grant an employee judgment for the pay of a higher grade, unless the employee can clearly show a legal entitlement to such a remedy based … It was conceded that selections for the positions he applied for were made on a “best qualified” basis.

Caltex (Philippines), Inc. v. United States

100 F. Supp. 970 · United States Court of Claims · Nov 6, 1951

Clearly, such a destruction is not compensable. Juragua Iron Co. v. United States, 212 U.S. 297 , 29 S.Ct. 385 , 53 L.Ed. 520 . … men of the nation, the impartial hand of chance being employed to select specific individuals from the qualified classes.

Ruddick Corp. v. United States

643 F.2d 747 · United States Court of Claims · Feb 25, 1981

"Nonrecognition is intended to be merely a postponement of the inclusion of the gain * * * until a disposition occurs which does not qualify for nonrecognition status. … Therefore, under the standard of review this court and others have established, see note 5, supra, the proper test for determining whether the instant transaction clearly reflected the income of Ruddco is the following: Was

Jones v. United States

50 Ct. Cl. 344 · United States Court of Claims · May 24, 1915

Cls., 113 , and Taylor, ibid, 155, in the latter of which cases (p. 160) it is said: “We are therefore of the opinion that the amendment (of June 7, 1900) was clearly intended to apply only to the commissioned officers in … The office of a proviso generally is either to except something from the enacting clause or to qualify or restrain its generality or to exclude some possible ground of misinterpretation of it as extending to cases not intended

Samson v. United States

4 Cl. Ct. 325 · United States Court of Claims · Jan 19, 1984

On her application, Sister Mary clearly disclosed that she was a religious and was a member of the Order. … Louis County Hospital was available to any qualified individual, regardless of age, sex, or religious or nonreligious beliefs. While working for St.

St. Luke's Medical Center v. United States

22 Cl. Ct. 322 · United States Court of Claims · Jan 22, 1991

Defendant responds that an express withdrawal of sovereign immunity is not a necessary prerequisite to divest this court of jurisdiction. … Id 5 *328 Plaintiff summarizes the rule in Whitecliff, as follows: “[T]he Court clearly established that in the absence of specific statutory procedures for, or limitation upon, judicial review, the Court can review provider

LaFont v. United States

17 Cl. Ct. 837 · United States Court of Claims · Aug 25, 1989

The two-year statute of limitations set forth in section 2501 is part of the waiver of sovereign immunity to suit in this court and thus must be strictly construed. Cosmic Constr. Co. v. … Indeed, at oral argument it was stated that the spoil deposits on plaintiff's leased acreage was, in places, above the waterline and thus clearly visible to the naked eye.

Hercules Inc. v. United States

37 Cont. Cas. Fed. 76,291 · United States Court of Claims · Apr 2, 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. … damages, especially in light of the expansion of immunity clearly manifested in Boyle.

American Satellite Co. v. United States

37 Cont. Cas. Fed. 76,308 · United States Court of Claims · Apr 13, 1992

In any event, ASC does not contend that ASC-2 would qualify as a secondary payload within the meaning of the statute. … Clearly, the purpose of the telex was "to make generally known,” i.e., to publish, the new Shuttle policy relating to commercial payloads. .

Salz v. United States

157 Ct. Cl. 172 · United States Court of Claims · Apr 4, 1962

Paragraph 3c establishes the medical board as an instrumentality of the Army Medical Service to assist a hospital commander. … has not been established.

Arrowhead Metals, Ltd. v. United States

33 Cont. Cas. Fed. 74,026 · United States Court of Claims · Sep 19, 1985

Such stated views clearly establish that plaintiff’s claim of bad faith on the part of Mint officials is unfounded. *713 Plaintiff makes much of the fact that the cancellation took place after the bids were opened. … Such a policy determination “is clearly in the Government’s interest.”

Schlesinger v. United States

1 Ct. Cl. 16 · United States Court of Claims · Oct 15, 1863

It is clearly compulsory. … This case establishes a principle on which the former Court of Claims always stood divided.

Bregstone v. United States

4 Cl. Ct. 507 · United States Court of Claims · Feb 3, 1984

It attached a list of all dividend and interest payments in question which clearly showed that only $132, or 29.69%, of the $446 AEP payment was included as income. … It is a waiver of sovereign immunity.

James D. Stephens v. The United States

358 F.2d 951 · United States Court of Claims · Feb 18, 1966

court has held on many occasions that it has no power to review the decisions of the Secretary of one of the military departments or his authorized representatives in such a case unless the petitioner shows by cogent and clearly … We are unable to agree with plaintiff’s contention that the recited facts establish that the Army acted arbitrarily in his case.

Ralcon, Inc. v. United States

34 Cont. Cas. Fed. 75,377 · United States Court of Claims · Sep 29, 1987

for him a defense to a claim, which claim the government can only establish judicially in some other court.” … We therefore conclude that the language in § 1491(a)(2) is sufficiently express to waive the sovereign immunity of the United States to suits for declaratory relief by a contractor appealing a contracting officer’s demand

Warren G. Schaller v. United States

288 F.2d 700 · United States Court of Claims · Jun 7, 1961

The Renegotiation Act, supra, clearly shows that plaintiff was employed subject to the Classification Act of 1949, 63 Stat. 954 , 972. … Thus the situation is this: Plaintiff must have been qualified for conversion to civil service status. Otherwise, Mr.