Case law

Giglio v. United States

17 Cl. Ct. 160 · United States Court of Claims · Jun 2, 1989

The record before the AFBCMR indicates that Captain Campbell was qualified to testify before the BOA as to plaintiffs mental health, contrary to plaintiffs assertions. . … Further, it was also established that she had difficulty in controlling anger and she did suffer from emotional outbursts.

Whitledge v. Secretary of the Department of Health & Human Services

19 Cl. Ct. 144 · United States Court of Claims · Dec 7, 1989

Kinsbourne has been qualified as an expert in several vaccine cases. He is a pediatric neurologist with extensive teaching and clinical experience on vaccine injuries. He has also written extensively on the subject. … This issue, however, need not be broached in that the record clearly establishes that in addition to seizure activities, Allen suffered from an encephalopathy and that injury fell well within the parameters of the Vaccine

Marathon Oil Co. v. United States

16 Cl. Ct. 332 · United States Court of Claims · Feb 21, 1989

Some do not clearly identify a discrete theory of recovery or type of relief. It is in this light that we consider the individual counts. 1. … The following analysis is directly applicable here: It is established that not every deprivation of use, possession, or control of property is a taking.

Hadden v. United States

105 F. Supp. 1010 · United States Court of Claims · Jul 15, 1952

Defendant had an opportunity to establish its successor in interest theory in the bankruptcy proceedings. … Clearly there are issues of material fact raised by these conflicting affidavits, which would require the denial of plaintiff’s motion for summary judgment.

Humphrey v. United States

145 F. Supp. 743 · United States Court of Claims · Nov 7, 1956

With the amendment of the Naval Eeserve Act of 1938 by the Act of August 10, 1946, supra, a new method of computation of retainer pay was established. … In that case White elected to avail himself of a new method of computation provided by the Act of August 10,1946, and was wrongfully denied that right, even though clearly entitled to it.

Loeb v. United States

133 Ct. Cl. 937 · United States Court of Claims · Jan 31, 1956

He further testified that the plaintiff’s incapacity arose in August 1942, that the conditions which caused the plaintiff’s incapacity clearly and unmistakably existed prior to commissioned service, that it was permanent … However, as you have been found physically dis *949 qualified for such appointment, favorable action is precluded. 3.

Cooper v. United States

1 Ct. Cl. 85 · United States Court of Claims · Oct 15, 1863

They do not do so in express terms, and, in order to have that effect by implication, the subsequent statute must be clearly and indisputably contradictory, and contrary to the former act in the very matter, and the repugnancy … The leaning of the courts is so strong as almost to establish the doctrine that there can be no repeal by implication.— (Dwarris on Stat., 530- 31; 2 Q. B. Rep., 84; 5 Beav., 582.)

Kay Manufacturing Co. v. United States

676 F.2d 555 · United States Court of Claims · Mar 10, 1982

Kazmirski was a very highly qualified operator of machining tools with outstanding abilities in designing machining equipment and in training operators in their use. … It must be emphasized, however, that such proof is not allowed for primary reliance on by defendant unless defendant has first clearly shown that comparative evidence is impossible to obtain.

Lowell v. United States

158 F. Supp. 704 · United States Court of Claims · Jan 15, 1958

The legislative history of Title IV of the Career Compensation Act of 1949 shows clearly that the retirement pay is to be based on the rank in which satisfactory service has been performed (U. S. … In other words, the majority feels that if section 1372 (1) is to be followed the plaintiff can qualify thereunder as he “served” in the rank of lieutenant colonel, and that he does not have to have “served on active duty

Brame v. United States

10 Cl. Ct. 252 · United States Court of Claims · Jun 30, 1986

They could also elect not to appoint any person if, in their judgment, that individual was not qualified. … This rule clearly defeats plaintiff’s argument.

Boeing v. United States

168 F. Supp. 762 · United States Court of Claims · Dec 3, 1958

Boeing organized the Blue Ridge Land Company, and *764 became the corporation’s sole stockholder, except for qualifying shares issued to Mr. Drew and L. A. Pelton. Mr. … Clearly, that case is distinguishable from the situation now before us. The parties to this action seem to agree that the activities required in promoting the sale of the real estate were substantial.

Union Pacific Corp. v. United States

26 Cl. Ct. 739 · United States Court of Claims · Jun 30, 1992

(o) Administration of Pension and Insurance Plans—The Corporation was responsible for the administration of qualified plans covering generally all non-union employees, including the Railroad’s non-union employees. … A parent company of a wholly-owned subsidiary clearly does not share control with its subsidiaries.

Ferrell v. United States

23 Cl. Ct. 562 · United States Court of Claims · Jul 24, 1991

A medical hold is a device to retain the member beyond an established separation date to permit disability evaluation. AFR 160-43 § 3-2(f). … until near their established separation or retirement date imposes a presumption of fitness that may be impossible to overcome.

Bradshaw v. United States

683 F.2d 365 · United States Court of Claims · Jun 30, 1982

In this respect, the transfer was clearly a sale. Additionally, the various formalities of a sale were strictly observed. … Clearly, it was always within Castlewood’s ability to make payment as required.

Graves v. United States

176 Ct. Cl. 68 · United States Court of Claims · Jun 10, 1966

Unless this is demonstrated to be clearly wrong, we will not disturb it. Everett v. United /States, sufra, at 18. … The appellant is not qualified in any of these levels. His experience is confined to the subsistence field. 6.

Harold Barclay and Dorothy Barclay v. The United States. Philip Dahl and Dorothy Dahl v. The United States

333 F.2d 847 · United States Court of Claims · Oct 16, 1964

Yarbrough, supra, as establishing property rights in such cases. … Quite •clearly, he was interested in the enterprise equally with Dahl.

Import Wholesalers Corporation v. The United States

368 F.2d 577 · United States Court of Claims · Nov 10, 1966

Here, the plaintiff’s claim requested “return” of its “rightful property” and asserted clearly that it was not the first purchaser in the United States of the imported automobiles, *498 and that it was therefore not liable … On or about January 27, 1960, defendant, acting-through the duly qualified and appointed District Director of Internal Revenue in Jacksonville, Florida, seized certain of plaintiff’s automobiles at its lot in Miami, Florida

Juan S. Aflague (Ernest W. Greaves No. 14) v. The United States

298 F.2d 446 · United States Court of Claims · Jan 12, 1962

The service creditable in computation of basic pay for active service, as referred to in section 511(b), is established under section 202 of the Act. … This is because his disability was not incident to active service. *449 Congress has clearly distinguished between persons retired for physical disability incurred in active service and persons retired for physical disability

Wiley v. United States

145 F. Supp. 945 · United States Court of Claims · Nov 7, 1956

S. 561 ) and the actions of the Bureau of Customs in adapting regulations to the requirements of the decision show quite clearly that, prior to Myers, the Bureau of Customs made no payments of extra compensation under the … From this fact it may be inferred that the Immigration Service has, from the inception of the 1931 act, followed rather closely the pattern established by the Bureau of Cus *787 toms, making provision for tbe payment of extra

Friedlander v. United States

120 Ct. Cl. 4 · United States Court of Claims · Apr 3, 1951

During the period plaintiff flew as a “navigator” or “flight check observer,” he was a “qualified aircraft observer” within the meaning of Executive Orders 9195 and 9550. … The evidence clearly indicates that Fried-lander was at all times under orders from the Director of the Coast and Geodetic Survey and was attached to the naval establishment on temporary duty for training purposes.