Case law

Gulf & Western Industries, Inc. v. United States

671 F.2d 1322 · United States Court of Claims · Feb 24, 1982

The short of it is that, without regard to Judge Grossbaum’s actual bias or prejudice, the Board decision of which he was the author cannot stand. *9 V. … United States v. Anthony Grace & Sons, Inc., 384 U.S. 424 (1966); United States v. Carlo Bianchi & Co., 373 U.S. 709 (1963); Baltimore Contractors, Inc. v. United States, 226 Ct.

John McShain, Inc. v. United States

462 F.2d 489 · United States Court of Claims · Jul 14, 1972

Co. v. United States, 173 Ct. Cl. 874 , 395, 351 F. 2d 987, 999 (1965). … Co. v. United States, 161 Ct. Cl. 1, 6-7 , 314 F. 2d 501 , 504 (1963).

Santa Fe, Inc. v. United States

34 Cont. Cas. Fed. 75,385 · United States Court of Claims · Oct 30, 1987

As we stated in Tapper & Associates v. … Maffei Building Wrecking Corp. v.

Real v. United States

18 Cl. Ct. 118 · United States Court of Claims · Aug 31, 1989

Defendant Relying on Huffaker v. … In this context, we initially observe that resort to a corrections board is a permissive rather than a mandatory remedy. See, e.g., id. at 29-30, 310 F.2d at 398-99 . See also Bruno v.

C. W. Schmid D/B/A C. W. Schmid Plumbing & Heating v. The United States

351 F.2d 651 · United States Court of Claims · Oct 15, 1965

Applying the rationale of Rice v. … The Board’s determinations in this regard are legal decisions which are not binding on the court, 41 U.S.C. § 322 , W. H. Edwards Engineering Corp. v. United States, 161 Ct.Cl. 322 .

Turnage v. U.S. Department of Agriculture

230 Ct. Cl. 799 · United States Court of Claims · Mar 12, 1982

ASCS, however, appealed to the board. The board remanded to the field office for reconsideration in light of Wells v. … Harris, supra, which had been decided by the board just a few days earlier, with instructions to reopen the record and to allow ASCS to proceed under chapter 75. The board in Wells v.

Seatrain Lines, Inc. v. United States

99 Ct. Cl. 272 · United States Court of Claims · Apr 5, 1943

See also Lynch v. United States, 292 U. S. 571, 580. The next question we have to meet is that of the amount of damages to which plaintiff is entitled by reason of the breach of the contract by the defendant. … United States v. Behan, 110 U. S. 338, 344 .

O'Brien v. United States

124 Ct. Cl. 655 · United States Court of Claims · Mar 3, 1953

See Baxter v. United States, 122 C. Cls. 632 ; Borak v. United States, 110 C. Cls. 236,245 ; Borak v. Biddle, 147 F. 2d 278, 281 . … Green v. United States, No. 48991, 124 C.

O'Hare v. United States

109 F. Supp. 715 · United States Court of Claims · Jan 13, 1953

Plaintiff contends, as in McCormick v. United States, C. Cls. No. 364-52, ante, p. 111, that his claim did not arise until June 27, 1951, when the Railroad Retirement Board finally denied him relief. … See also Wheeler v. United States, C. Cls. No. 74-52, decided December 2,1952. The fact situation alleged in the instant case differs in one respect from that in McCormick v. United States, supra.

Carter v. United States

518 F.2d 1199 · United States Court of Claims · Jun 25, 1975

General Electric Co. v. United States, 189 Ct. Cl. 116, 117 , 416 F. 2d 1320, 1321 (1969). We have done so. Defendant makes much of our error in citing Department of Defense Eegulations, 24 Fed. … At the opening of the board proceeding, the Senior Board Member (presiding) is to address the respondent in part as follows: * * * You have been selected to “Show Cause,” because in the opinion of a board of senior Air Force

L. B. Samford, Inc. v. The United States

410 F.2d 782 · United States Court of Claims · May 16, 1969

Plaintiff cites Harvey Radio Laboratories, Inc. v. … Co. v. United States, 151 Ct.Cl. 75 (1960); Bornstein v. United States, 170 Ct.Cl. 576 , 345 F.2d 558 (1965).

Coley Properties Corp. v. United States

593 F.2d 380 · United States Court of Claims · Feb 21, 1979

V. … In United States v.

Tankersley v. United States

179 Ct. Cl. 294 · United States Court of Claims · Mar 17, 1967

Since the Board’s rulings caimot be invalidated under the Wunderlich Act, there is no basis for a further administrative hearing or for a court trial. United States v. … Carlo Bianchi & Co., 373 U.S. 709 (1963); United States v. Utah Constr. & Mining Co., 384 U.S. 394 (1966); United States v. Anthony Grace & Sons, Inc., 384 U.S. 424 (1966).

Castle v. United States

17 F. Supp. 515 · United States Court of Claims · Jan 11, 1937

The Board of Tax Appeals has had before it two cases. which involved the same question which is now raised in the case at bar. These cases were Scharton v. Commissioner, 32 B.T.A. 459 , and Mitchell v. … The Board did not place its decision on the same grounds as were set forth in Hanby v. Commissioner, supra, but its decision is well reasoned.

Rogers v. United States

59 Ct. Cl. 464 · United States Court of Claims · Mar 31, 1924

Street v. United States. 133 U. S. 299 .” … Nicholas v. United States, 257 U. S. 71 ; Norris v. United States, 257 U. S. 77 ; Arant v. Lane, 249 U. S. 367 . See also In re Sawyer et al., 124 U. S. 200 . The petition of the plaintiff must be dismissed.

Kelly v. United States

91 F. Supp. 305 · United States Court of Claims · Jun 5, 1950

As long ago as Hawkins v. … State ex rel. etc. v. Hayes, [Hays], 52 Mo. 578 ; Delafield v. The State of Illinois, 26 Wend, (N.Y.) 91 [192]; The People v. The Phoenix Bank, 24 id.

Jefferson Construction Co. Of Florida, a Florida Corporation v. The United States

364 F.2d 420 · United States Court of Claims · Jul 15, 1966

Bank of Atlanta v. United States, 98 Ct.Cl. 256, 280 (1943); Jefferson Construction Co. v. … Morrison-Knudsen Co., Inc. v.

Sargisson v. United States

12 Cl. Ct. 539 · United States Court of Claims · Jun 19, 1987

Gentry v. United States, 225 Ct.Cl. 654 , 656, 650 F.2d 290 (1980); see also Fleming v. … As a preliminary matter, we note that the standard this court applies in reviewing military Board decisions has been firmly established. In Heisig v.

Merritt-Chapman & Scott Corp. v. The United States

439 F.2d 185 · United States Court of Claims · Mar 19, 1971

Corp. v. United States, 162 F.Supp. 772 , 776, 142 Ct.Cl. 609, 616 (1958). … See United States v. Utah Constr. & Mining Co., 384 U.S. 394 , 86 S.Ct. 1545 , 16 L.Ed.2d 642 (1966); Paccon, Inc. v. United States, 399 F.2d 162, 168-169 , 185 Ct.Cl. 24, 35 (1968); Chaney & James Constr. Co. v.

Frye v. United States

210 Ct. Cl. 325 · United States Court of Claims · Jun 16, 1976

In Kingsley v. United States, 172 Ct. … See Bevins v. United States, 166 Ct. Cl. 547 (1964); Ludzinski v. United States, 154 Ct. Cl. 215 (1961); Frederick v. United States, 150 Ct.