Case law

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

Choctaw v. United States

34 Ct. Cl. 17 · United States Court of Claims · Jan 9, 1899

Some months after the treaty was executed the two Indian governments qualified their ratification as hereinafter shown. … Here, if the United States have clearly taken the leased land, then they have the possession of whatever they intended to take, and moral obligations are to be excluded, as in all other cases of clearly expressed intent and

Rieschick v. United States

21 Cl. Ct. 621 · United States Court of Claims · Oct 23, 1990

been asked to establish and enforce.” … The preamble to the final rule clearly states: Section 201(d)(3) of the Agricultural Act of 1949 (the “1949 Act”) provides that the Secretary of Agriculture shall establish and carry out a Dairy Termination Program for the

Sioux Tribe of Indians v. United States

7 Cl. Ct. 481 · United States Court of Claims · Feb 11, 1985

While not all money or property expended on a tribe’s behalf qualifies as an offset, United States v. … Id. *489 Here, the plaintiff argues that the added land fails to qualify as a payment on the claim because the circumstances surrounding its inadvertent transfer precludes it from qualifying as consideration.

Bendure v. United States

554 F.2d 427 · United States Court of Claims · Apr 20, 1977

However, the regulations provide no specific machinery for processing or settling disputes between an agency and its employees as to whether or not a particular employment situation qualifies under the broad categories of … We think that the provisions of section 17 of the Executive Order and also paragraph S8-7g(3) of FPM 532-1, the Commission’s implementing regulation, demonstrate quite clearly that the use of the collective bargaining process

Hendrick v. United States

150 Ct. Cl. 437 · United States Court of Claims · Jun 8, 1960

He was given a physical examination and found to be in each instance physically qualified for active duty. In each instance he was found physically qualified for release from active duty. … Plaintiff was examined on February 1,1951, and found physically qualified for training duty.

James v. United States

63 Ct. Cl. 379 · United States Court of Claims · Apr 4, 1927

They duly qualified as such. *387 The plaintiffs’ testator some time prior to his death, being then the owner and holder of certain shares of stock, deposited them in fhe British treasury pursuant to the provisions of a statute … The transaction here possesses none of the elements to establish either relation, for he neither owned nor held the stock at the time of his death. The case of Provost et al. v. United States, 269 U.

Hercules Inc. v. United States

36 Cont. Cas. Fed. 75,999 · United States Court of Claims · Jan 14, 1991

Clearly, the Government has overread the board’s decision. Nor should it be assumed that the Federal Circuit did not mean exactly what it said. … It typically establishes policy for, and provides guidance to the segments in their operations.

CACI Field Services, Inc. v. United States

34 Cont. Cas. Fed. 75,339 · United States Court of Claims · Jul 17, 1987

During the April 21, 1987 review, CACI’s score was revised but apparently the technical proposal again qualified for a “Satisfactory” rating. … The executive privilege, however, is a qualified one. Kaiser, 141 Ct.Cl. at 49 , 157 F.Supp. at 946 .

Last Chance Mining Co. v. United States

12 Cl. Ct. 551 · United States Court of Claims · Jun 26, 1987

The Contract Claim The statute and regulations in issue clearly do not grant a right to monetary relief against the United States. … Clearly there is no “public use” resulting from negligence or malfeasance in the conduct of the regulatory scheme.

Yosemite Park & Curry Co. v. United States

582 F.2d 552 · United States Court of Claims · Jul 14, 1978

Yosemite National Park, with plaintiff establishing reasonable rates and prices for its goods and services. … Plaintiffs attempt to escape the 10 percent limit on cost-plus contracts by arguing that it should receive the 15 percent allowed on "experimental” contracts fails because, as defendant notes, nothing in the Agreement qualifies

Fors v. United States

14 Cl. Ct. 709 · United States Court of Claims · Apr 28, 1988

When Congress established the Court of Claims, the rule immunizing the government from awards of interest was retained, permitting interest only where expressly provided for under a contract or a statute. … Through the doctrine of sovereign immunity, the government of the United States does not stand in the same position in which a private party stands.

Phillips Construction Co., Inc. v. The United States

394 F.2d 834 · United States Court of Claims · May 10, 1968

This argument would seem to qualify as an instance of what the Supreme Court has called (in another connection) “a clear ease of overkill.” Commissioner of Internal Revenue v. … Plaintiff contends that the arbitrary nature of the Board’s determination is clearly demonstrated by the inconsistency between its first and second decisions.

Lakeview Construction Co. v. United States

36 Cont. Cas. Fed. 75,933 · United States Court of Claims · Aug 23, 1990

Since by your correspondence you have identified the issue in this claim as one of quantum, I believe that much progress in establishing that figure can be established through a well conducted audit, and I encourage you to … The CO notified Turner that this was an “ineffective qualified” certification, and hence did not meet statutory requirements. Apparently, the Federal Circuit agreed with that assessment. See id. at 1561 .

Cloutier v. United States

19 Cl. Ct. 326 · United States Court of Claims · Jan 23, 1990

. *328 Defendant’s Motion to Dismiss under RUSCC 12(b)(1) alleged that the government was immune from suit under 33 U.S.C. § 702c for the compensation sought, whether the claim was based upon the provisions of § 702c or the … Clearly, this court is not permitted to engage in such speculation in order to conclude that an additional flowage easement has been taken at this time based upon the undisputed facts presented.

Southwest Welding & Manufacturing Company v. The United States

373 F.2d 982 · United States Court of Claims · Mar 17, 1967

Equally clearly, the quoted language from the Supplement refers to price adjustments for other particulars made necessary by the change order. … The contracting officer was under no duty to issue a second supplement increasing the price previously established.

Grey v. United States

21 Cl. Ct. 285 · United States Court of Claims · Aug 9, 1990

Later immigrants and settlers established farms and displaced the Indians. … The Supreme Court has held that “the [Reclamation] Act clearly provided that state water law would control in the appropriation and later distribution of the water.” California v.

Choggiung Ltd. v. United States

37 Cont. Cas. Fed. 76,200 · United States Court of Claims · Oct 16, 1991

It has also been established that the certifier must have authority to bind the contractor. Triax Co. v. … Defendant claimed that the individual who certified the claim was not qualified.

Medway v. United States

6 Ct. Cl. 421 · United States Court of Claims · Dec 15, 1870

Evans in the 2d vol., p. 158, of his translations of Poth-ier’s Treatise on the Law of Obligations, lays down this rule: “It is now very clearly established by several authorities that the proof of handwriting must be made … The interest of society is best promoted by establishing authentic criteria of judicial certainty.

Sand Products Corp. v. United States

128 F. Supp. 742 · United States Court of Claims · Feb 8, 1955

Another qualified witness for the plaintiff estimated the cost of reproduction at the time of taking as $1,932,380. … Costs of such painting, as was done to the hull, and work on the engines after taking are not established.