Case law

Short v. United States

661 F.2d 150 · United States Court of Claims · Sep 23, 1981

Cl. 870 , 486 F.2d 561 (1973), cert. denied, 416 U.S. 961 (1974) (the 1973 decision), we held the government liable to qualified Indians of the Reservation who were entitled to but did not receive shares in this income, and … Here, as in the motion to substitute, the defendants have not shown that our prior decisions were clearly erroneous or, indeed, erroneous at all.

AABCO, Inc. v. United States

31 Cont. Cas. Fed. 71,810 · United States Court of Claims · Nov 3, 1983

As such, it is a qualified party under the EAJA that may apply for attorney’s fees and costs. … Clearly Government litigation counsel was not in any position at that hearing to evaluate the case from any substantive standard.

Major Coat Co. v. United States

543 F.2d 97 · United States Court of Claims · Oct 20, 1976

Defendant must adduce proof, which it has not done, rather than make conjectures, in order to establish an advantage here. … It is not clearly indicative of the full intention of the board because a statutory floor forbade lowering Leon’s renegotiable sales receipts below $1 million. See section 105 (f) (1), supra.

Baratt v. United States

585 F.2d 1041 · United States Court of Claims · Oct 18, 1978

It led to the establishment of a pay formula for GPO supervisory personnel based upon the "basic journeyman pay of the journeymen supervised.” … None of plaintiffs’ assertions clearly demonstrates that the BEP, with Department of Treasury approval, is not paying plaintiffs the prevailing rate, as established in a good faith adminstrative determination, for the supervisory

Montego Bay Imports, Ltd. v. United States

25 Cl. Ct. 639 · United States Court of Claims · Apr 9, 1992

that the United States Court of Appeals for the Eleventh Circuit has held that cases filed pursuant to the SAA and the PVA “implicitly contain a discretionary function exception to the United States’ waiver of sovereign immunity … The $96,000 claim clearly sounds in tort.

June B. Pitt, of the Estate of Bruce Wilson, Deceased v. The United States

420 F.2d 1028 · United States Court of Claims · Jan 23, 1970

Thus apprised, he gave no indication that he regarded his resignation as qualified or conditional. … Viewed on the evidence as a whole it clearly does not establish a breach of the liability standard for medical care announced in Booth, supra.

Knight v. United States

202 Ct. Cl. 1043 · United States Court of Claims · Aug 31, 1973

In the circumstances, the regulatory presumption of service aggravation of plaintiff’s defective hearing has clearly not been overcome. See Lipp v. United States, 181 Ct. Cl. 355 (1967); Reese v. … Sam Zurich, a qualified specialist in ear diseases, testified at trial in 1962 (see finding 25 (d), infra) that the progress of oto-sclerosis was absolutely unpredictable.

Butler Lumber Co. v. United States

73 Ct. Cl. 270 · United States Court of Claims · Dec 7, 1931

The record clearly reveals that the plaintiff performed its contractual obligations in every respect. … (P. 380.) *304 An extended list of cases cited in the Illinois Surety Co. case (supra, page 380) clearly establishes a course of judicial precedent extending to the act of 1905 a liberal construction so as to effectuate its

Brown v. United States

3 Cl. Ct. 31 · United States Court of Claims · Jul 14, 1983

By his own admission, then, plaintiff’s claims in these five counts are clearly beyond the statute of limitations. … The claims are also clearly related in time, space and motivation.

Grismac Corp. v. United States

556 F.2d 494 · United States Court of Claims · May 18, 1977

But the case is clearly not authority thát the Government may be mulcted under an implied contract in a situation where it could not have made an express one that would be binding. … The nature of the "suggestion” that might qualify for an award appears in Shaller v. United States, 202 Ct. Cl. 571, cert. denied, 414 U.S. 1092 (1973).

Brozik v. United States

180 Ct. Cl. 546 · United States Court of Claims · Jun 9, 1967

Web-ber clearly indicated that the prior opinion he expressed as a member of the Medical Board, which unanimously recommended permanent retirement from active duty, remains unchanged. A PEB was convened on May 31, 1963. … In this claim it has been clearly established that we are considering chronic, permanent disabilities which warrant the assignment of percentage ratings far in excess of 30 percent.

Medical Devices of Fall River, Inc. v. United States

36 Cont. Cas. Fed. 75,768 · United States Court of Claims · Dec 15, 1989

such organization, experience, controls, and skills; (F) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain such equipment and facilities; and *82 (G) is otherwise qualified … However, in order to establish such a valid pre-award contract claim, plaintiff must set forth a clear and prejudicial violation of a procurement statute or regulation. CACI Field Services, Inc. v.

Robert Charles Dowling v. The United States

298 F.2d 941 · United States Court of Claims · Apr 4, 1962

This clearly appears from an examination of section 502(b) ** which governs here and which provided the times at which each eligible veteran should receive the designated sums. … Plaintiff’s appointment was pursuant to 61 Stat. 795 , 907, § 515, which provides •’ in part: “(e) In time of emergency declared by the President, or by the Congress, and in time of war, the President is authorized to appoint qualified

Gersten v. United States

364 F.2d 850 · United States Court of Claims · Jul 15, 1966

The delay of sixty-five months in filing suit in this case is clearly enough, unless thoroughly justified, 3 to bring down the bar. … qualified.

Hynning v. United States

141 Ct. Cl. 486 · United States Court of Claims · Mar 5, 1958

The record in this case does not establish that his suspension was unlawful, and such a finding is not a prerequisite to his right to recover back pay under the Act of August 26, 1950. See O’Brien v. … We are of the opinion that the 1950 Act set forth a formula for the computation of the back pay which a person might receive thereunder and under that formula, as clearly indicated in the statute, a reinstated employee such

Compliance Corp. v. United States

36 Cont. Cas. Fed. 75,991 · United States Court of Claims · Dec 12, 1990

United States, 719 F.2d 1567 (Fed.Cir.1983), which the Claims Court read as holding that an otherwise qualified bidder may not be disqualified based on a mere “appearance of impropriety.” … The establishment of standards is not feasible under such circumstances.

Farley v. United States

581 F.2d 821 · United States Court of Claims · Jul 14, 1978

Grinnell, 294 U.S. 153 (1935), it had already been clearly recognized that an event subsequent to the decedent’s death, an event controlled by his beneficiaries, can determine the inclusion or not of certain assets within … The classifications in section [202], including the third class, were established prior to the Supreme Court’s holding in Riggs v. Del Drago * * *.

Puget Sound Power & Light Co. v. United States

23 Cl. Ct. 46 · United States Court of Claims · Apr 30, 1991

Congressional consent to suit in this Court, thereby waiving the Government’s traditional immunity, must be explicit and strictly construed. Library of Congress v. … A waiver of sovereign immunity, therefore, cannot be implied, but must be expressed unequivocally by Congress. United States v. Testan, 424 U.S. at 399 , 96 S.Ct. at 953 ; United States v.

Penn Yan Agway Cooperative, Inc. v. The United States

417 F.2d 1372 · United States Court of Claims · Nov 14, 1969

. § 1134d (a) (3), to qualify plaintiff cooperative to borrow from the bank. Obviously, plaintiff had not acquired any of such stock previously. … The Committee reports expressly stated that “Viewed from such a taxpayer’s standpoint, the excess appears clearly to be expenditures which he must incur in order to sell the mortgage paper he holds.”

Strong v. United States

518 F.2d 556 · United States Court of Claims · Jun 25, 1975

To qualify for treatment under “joint and amicable” occupancy, the relationship of the Indian groups must be extremely close. We described just such a relationship in Sac & Fox Tribe v. United States, 179 Ct. … These standards were clearly summarized in Miami Tribe v. United States, 146 Ct. Cl. 421, 439 , 175 F.