Case law

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.

The Sisseton and Wahpeton Bands or Tribes v. The United States

423 F.2d 1386 · United States Court of Claims · Apr 17, 1970

But the only matter decided in Red Lake was whether all the attorneys had rendered services in the suit, so as to qualify them for a fee, an issue which we held clearly within the jurisdiction of the Commission and this court … Jurisdiction of issues thereby raised are beyond the scope and object of the act establishing this court.

Flensburger Dampfercompagnie v. United States

59 F.2d 464 · United States Court of Claims · Feb 8, 1932

hereafter the equality shall not be reciprocated in the ports of Prussia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the section preceding shall cease to be in force,” clearly … The plaintiff to recover must establish a right under the statutes.

Baltimore & Ohio Railroad v. United States

52 Ct. Cl. 468 · United States Court of Claims · Jun 14, 1917

The difference must clearly have been the amount claimed, and this was certified to be correct and was paid. … Cls., 335, 350 , that the Comptroller of the Treasury is merely an accounting officer, but the statements in that case, decided in 1880, must be qualified by the fact that the statute known as the Dockery Act, passed in 1894

Koppers Company v. United States

134 F. Supp. 290 · United States Court of Claims · Oct 4, 1955

Thus a taxpayer which qualifies under section 740 to compute its average base period net income under section 742 is treated by the code, for the purpose of the excess profits credit and its use, as the same taxpayer as its … Fortuitous or not, the code clearly allows such a carry-back of an unused excess profits credit.

J. A. Maurer, Inc. v. United States

485 F.2d 588 · United States Court of Claims · Oct 17, 1973

Sometime ago the Coast and Geodetic Survey established the fiducial line bench marks to an accuracy of approximately 1 arc second by use of a conventional theodolite. … Thus it makes no difference whether performance here was actually and literally impossible or so only in the qualified sense sanctioned in our decisions.

Colonial Surety Co. v. United States

147 Ct. Cl. 643 · United States Court of Claims · Dec 2, 1959

All of its outstanding stock (except Directors’ qualifying shares) is owned by The First Pennsylvania Banking and Trust Company. *648 2. … The 10 percent was reported as income to the extent currently earned, and a reserve established for the unearned portion.

Fiorentino v. United States

607 F.2d 963 · United States Court of Claims · Oct 17, 1979

It purports to "establish a departmental policy on the acquisition of permanent tenure by attorneys.” It tells how an attorney can by length of service acquire "permanent tenure.” … The question of sovereign immunity entered strongly into this and justified a difference from the case of discrimination by a private employer.

Dove v. United States

161 Ct. Cl. 768 · United States Court of Claims · May 10, 1963

It is the determination of the Board that it is not established that Mr. … It is the determination of the Board that it is not established that Mr.

Avedon Corp. v. United States

35 Cont. Cas. Fed. 75,592 · United States Court of Claims · Nov 17, 1988

The only mention of fireproofing was in detail D/A12, which clearly did not apply to all the structural steel. … Yet plaintiff would have the court believe that it, a qualified or at least somewhat experienced contractor, would actually plan to deliver unprotected steel to the site.

Anderson v. United States

16 Cl. Ct. 530 · United States Court of Claims · Mar 24, 1989

Such a school system was established in Bermuda. The school established at the United States Naval Air Base in Bermuda was known as the Roger Chaffee School. … The totality of these circumstances clearly support the view that the allowances in question are not “remuneration” or “compensation for services.”

Leka v. United States

69 Ct. Cl. 79 · United States Court of Claims · Feb 10, 1930

.- “ * * * a board of trustees for the control, supervision,, and administration of the postal savings depository offices designated and established under the provisions of this act,, and of the funds received as deposits … If there were no such banks where such deposits were made, or they refused to or did not qualify, then in the bank most convenient to such locality.

Nichols v. United States

158 Ct. Cl. 412 · United States Court of Claims · Jul 18, 1962

Because at that time he was nearing the age of 60 years, when he would qualify for longevity retirement, he was given a pre-retirement physical examination in 1953. … Naval Hospital at Corona, California, clearly indicates that: 1. The blood pressure and a funduscopic examination confirm the findings of a Grade II hypertensive re-tinopathy. 2.

American Indians Residing on the Maricopa-Ak Chin Reservation v. United States

667 F.2d 980 · United States Court of Claims · Dec 2, 1981

Decker lease, dated February 1, 1946, clearly arose before the August 13, 1946, cutoff. Defendant was directed to supply a copy of the T. G. … Both the plats and the profiles would qualify as adjudicative facts entitled to judicial notice under section 201(b)(2) of the Federal Rules of Evidence.

Crane v. United States

44 Ct. Cl. 324 · United States Court of Claims · Feb 15, 1909

Perry alone qualified as executor of his estate. … Ward for the assertion of her claim, and suits to quiet title or. in ejectment were clearly maintainable. (Carr v. United States, supra.) No such proceedings were commenced by Mrs.

Commercial Energies, Inc. v. United States

36 Cont. Cas. Fed. 75,846 · United States Court of Claims · Apr 16, 1990

In simple terms, courts should not substitute their judgments for pre-award procurement decisions unless the agency clearly acted irrationally or unreasonably. Baird Corp. v. … Congress directed the Department of Defense to establish a contract goal for mi *146 norities. 100 Stat. at 3973.

Thomas Creek Lumber & Log Co. v. United States

37 Cont. Cas. Fed. 76,035 · United States Court of Claims · Feb 15, 1991

In the absence of information clearly indicating that the prospective purchaser is responsible, the Contracting Officer shall conclude that the prospective purchaser does not qualify as a responsible purchaser. … In the timber industry, it is a frequent practice to establish affiliate corporations which are under common control.

Utility Contractors, Inc. v. United States

32 Cont. Cas. Fed. 73,446 · United States Court of Claims · Apr 22, 1985

Since there are no allegations of earthquake damage, the questions that remain are: What qualifies as flood damage and do the conditions set forth in this complaint qualify as such. … The contract very clearly places upon appellant responsibility to protect uncompleted work.

Gro-Green Products, Inc. v. United States

3 Cl. Ct. 639 · United States Court of Claims · Nov 2, 1983

The agreements established a procedure for the submission by the registrants, and the review by the EPA, of indemnification claims. … The agreements also established a procedure for the acceptance by the EPA of certain silvex pesticides for safe disposal.

International Graphics, Division of Moore Business Forms, Inc. v. United States

31 Cont. Cas. Fed. 71,963 · United States Court of Claims · Dec 23, 1983

Defendant is likewise correct in its assertion that Congress’s waiver of sovereign immunity in § 1491(a)(3) is to be strictly construed and may not be expanded by implication. Speco Corp. v. … subsequent agency action from divesting this court of jurisdiction, once jurisdiction is established. 715 F.2d at 1481 .