Case law

Roettinger v. United States

26 Ct. Cl. 391 · United States Court of Claims · Jun 8, 1891

contract is made to sell or furnish certain goods identified by reference to independent circumstances, such as an entire lot deposited in a certain warehouse, or all that may be manufactured by the vendor in a certain establishment … Actual damages clearly include the direct and actual loss which the plaintiff sustains propter rem ipsam non haibitam.

Lipp v. United States

181 Ct. Cl. 355 · United States Court of Claims · Oct 13, 1967

These requirements clearly place the onus on the Army. 7 If the presumptions are not rebutted, the serviceman is entitled to the benefit of them. … He was found to be physically qualified for active service except for a deficiency of a quarter of an inch in height, which was waived.

International Business Investments, Inc. v. United States

35 Cont. Cas. Fed. 75,668 · United States Court of Claims · May 31, 1989

The question at bar is whether a contract for guard and supervisory services was ambiguous, thus qualifying plaintiff for an equitable adjustment. … Defendant disagreed, stating that the terms of the contract clearly required two separate individuals to fill two different positions.

Parsons v. United States

30 Ct. Cl. 222 · United States Court of Claims · Apr 2, 1895

a part of tbe judicial system established by the Act approved September 24, 1789 (1 Stat. … a successor shall have been in like manner appointed and duly qualified.”

Passaro v. United States

4 Cl. Ct. 395 · United States Court of Claims · Jan 26, 1984

The logical inference to be deduced from the language and structure of the Act is that “(a)” and “(b)” of section 3 are not qualifying or merely supplementing provisions, but are instead integrating provisions bringing pre-SBP … These provisions clearly insure the attainment of that intent. [S.Rep. No. 1089, 92d Cong., 2d Sess. 29, reprinted in [1972] U.S.Code Cong. & Ad.News 3288, 3304; see id. at 66, [1972] U.S.Code Cong. & Ad.News at 3328.]

South Louisiana Grain Services, Inc. v. United States

30 Cont. Cas. Fed. 70,493 · United States Court of Claims · Nov 2, 1982

However, I am convinced that an earlier takeover date would create serious problems for FGIS and the industry in our area due to the lack of qualified, experienced personnel. … United States, supra, clearly supports this holding. See also McCarthy v.

Bailey v. United States

511 F.2d 540 · United States Court of Claims · Feb 19, 1975

III As plaintiff’s counsel conceded at oral argument, “this is clearly a case of statutory construction, pure and simple.” … Therefore, his military service did not qualify him for the benefits intended by paragraph (g), and his entitlement to retirement annuity is governed by the clear language of paragraph (c).

DeRoo v. United States

12 Cl. Ct. 356 · United States Court of Claims · May 22, 1987

(b) If the application for mortgage insurance is not eligible for processing or does not qualify, this fact is reported to the applicant together with the reason for rejection. 24 C.F.R. § 200.147 (1982), Issuance of commitment … However, 24 C.F.R. § 200.147 (1982) clearly states that “[t]he commitment is a binding contract between the FHA and the mortgagee presenting the application.” (Emphasis added.)

Vemo Co. v. United States

33 Cont. Cas. Fed. 74,095 · United States Court of Claims · Nov 27, 1985

Sovereign immunity has been waived in this regard to make up for the dereliction of duty on the part of Government contracting officers. … Reading section 605(c)(5) as permissive clearly means that there is no statute of limitations trigger that is activated when the contracting officer fails to issue a timely decision.

Tidewater Management Services, Inc. v. United States

573 F.2d 65 · United States Court of Claims · Mar 22, 1978

Among other things, the section provides that in negotiated procurements, proposals shall be solicited from the maximum number of qualified sources and that discussions shall be held with all responsible bidders in a competitive … negotiated procurements in excess of $2,500 in which rates or prices are not fixed by law or regulation and in which time of delivery will permit, proposals, including price, shall be solicited from the maximum number of qualified

Nationwide Roofing & Sheet Metal Co. v. United States

34 Cont. Cas. Fed. 75,491 · United States Court of Claims · May 13, 1988

On April 22, 1985, the Comptroller General issued a decision on Nationwide’s protest upholding the Air Force’s reliance on GAO precedent to establish ABCO’s bid as responsive and upholding the Air Force’s decision to terminate … Once ABCO’s bid was declared to be responsive, ABCO qualified as the lowest responsive bidder.

Manning v. United States

10 Cl. Ct. 651 · United States Court of Claims · Aug 19, 1986

Although the firefighter example is the easy one to identify, clearly other positions and occupations may qualify under the above-mentioned criteria. … In this case also, plaintiff was clearly induced to put in overtime hours.

Hill v. United States

8 Cl. Ct. 382 · United States Court of Claims · Jun 27, 1985

. § 1500 , this court is constrained to conclude that said statute is applicable and established precedent mandates that plaintiff’s complaint must be dismissed for want of jurisdiction. … Nevertheless, on December 3, 1982, Army medical personnel examined plaintiff and concluded that she was then medically qualified.

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

23 Cl. Ct. 621 · United States Court of Claims · Jul 16, 1991

Sperry & Hutchinson Co.], 511 F.2d [225] at 229 [(9th Cir.1975)]); (3) the court’s findings are clearly erroneous (Deitchman [v. E.R. … However, the Act establishes the precise scenario that petitioners describe.

Underground Construction Co. v. United States

35 Cont. Cas. Fed. 75,604 · United States Court of Claims · Dec 9, 1988

As a result, there is nothing in the Government’s failure to act prior to the time of its initial claim that could clearly be regarded as establishing a “common basis of understanding” regarding interpretation of the contract … Here, no sequence of events has been established since no events can be fairly discerned.

Sorensen v. United States

51 Ct. Cl. 69 · United States Court of Claims · Feb 7, 1916

established.” … If the succeeding clause be made to qualify the language which, standing in the first clause, expresses sufficiently the intention to liquidate all the damages, we would have to ignore the declaration that the amount of the

Antonio A. Versaci v. The United States

403 F.2d 246 · United States Court of Claims · Nov 15, 1968

Plaintiff accepted the findings of the Council. 2 Under Title IV of the Career Compensation Act of 1949, 63 Stat. 802 , §§ 401-414, 3 each service Secretary is required to establish a temporary disability retired list upon … But clearly this places too great stress on the individual hemorrhage and obstruction factors.

Hickman v. United States

135 Ct. Cl. 380 · United States Court of Claims · Jun 5, 1956

The purpose of the suit was to condemn the land for Camp ITowze, an Army camp which had been established in the spring of 1942. … The amount is in dispute, but the evidence clearly shows that at least 70,000 cubic yards were thus taken from the 530.6 acres of land owned by the plaintiffs.

Simmonds Precision Products, Inc. v. United States

640 F.2d 292 · United States Court of Claims · Dec 3, 1980

He purports to be, and is, a qualified financial analyst. … United States, 207 Ct.Cl. 106 , 518 F.2d 1341 (1975) where a majority of the court felt qualified to, and did determine excessive profits with no help from expert testimony.

Hoppock v. United States

163 Ct. Cl. 87 · United States Court of Claims · Nov 15, 1963

The entire opinion is permeated by repeated references to the Retiring Board as the basic tribunal qualified to pass upon eligibility for disability retirement. That is one of the major postulates of .the decision. … This amendment, however, did not establish or recognize the former as “statutory” units “competent” to decide disability issues.