Case law

Electronic Enterprises, Inc. v. United States

100 F. Supp. 944 · United States Court of Claims · Nov 6, 1951

This expression refers to the joint Army-Navy cooperative testing services set up due to a shortage of qualified inspectors during the war period, to facilitate tube testing and inspection. … We therefore conclude that the evidence of the contract negotiations fails to establish that plaintiff was aware of the necessity for securing type approval on the tubes it was to produce.

Industrial Uranium Co. v. United States

376 F.2d 868 · United States Court of Claims · May 12, 1967

Section 5(b) (5) of the Act authorized it to “establish guaranteed prices for all source materials delivered to it within a specified time.” … It always felt (as the trial commissioner found) that it had the right to obtain the guaranteed price for qualified ore (including the vanadium factor) either from the licensed private mills or directly from the A.E.C.

Everett v. United States

169 Ct. Cl. 11 · United States Court of Claims · Jan 22, 1965

On the contrary, the evidence clearly establishes that plaintiff’s performance of his duties was over all highly satisfactory. (3) Driving an automobile on official business with .an expired driver's license. … On the contrary, the evidence clearly establishes that plaintiff’s cooperation with his fellow employees was excellent. ' (5) Furnishing conflicting statements with regard to management of real estate.

Coast Indian Community v. United States

550 F.2d 639 · United States Court of Claims · Feb 23, 1977

The provision in sections 324(4) and 161.3(c)(5) dispensing with consents altogether when the Secretary finds that the number of interest holders is in practicality too great to permit the gathering of consents clearly does … The provision in sections 324(4) and 161.3(c)(5) dispensing with consents altogether when the Secretary finds that the number of interest holders is in practicality too great to permit the gathering of consents clearly does

Kirwin v. United States

23 Cl. Ct. 497 · United States Court of Claims · Jun 21, 1991

On October 31, 1986, the BCNR decided that plaintiff had failed to establish a material error or injustice in his records, and thus it denied his application to have his service records corrected. … However, this argument goes to the merits of plaintiffs claim, as plaintiff is entitled, under section 1201, to disability pay for a qualifying disability unless it is lawfully withheld. Sawyer v.

Aerodex, Inc. v. The United States

417 F.2d 1361 · United States Court of Claims · Nov 14, 1969

After some further delay not clearly the fault of either party, on June 17, 1959, the Government authorized the “substitution” of the U.S. … In the absence of any qualifying statements, it will be understood that the bidder is offering a product equal to the brand name and number specified.

Pacific Gas & Electric Co. v. United States

31 Cont. Cas. Fed. 71,411 · United States Court of Claims · Aug 30, 1983

not meet the standards for an implied-in-fact contract, and none was established. … Clearly, no implied-in-fact contract for a cost share agreement existed on March 25, 1975 — none of the elements essential for an implied-in-fact contract existed.

Allin v. United States

147 Ct. Cl. 459 · United States Court of Claims · Nov 4, 1959

The facts are set forth clearly and in detail in the findings of the trial commissioner who heard the evidence in the case. These findings are adopted and made the findings of the court. … was increased by the Veterans Administration to 30 percent; increased to 50 percent effective March 5, 1952; further increased to 100 percent effective March 26, 1952; decreased to 40 percent effective April 5, 1952; and established

Choctaw Nation v. United States

83 Ct. Cl. 140 · United States Court of Claims · Apr 6, 1936

Article 5 secured to members of each tribe the right to-freely settle within the jurisdiction of the other, and have all the rights, privileges, and immunities of citizens thereof,, except that no member of either tribe should … At all times prior to 1898 this was the established and accepted legal basis for the distribution of all common funds of the two tribes.

C. Sanchez & Son, Inc. v. United States

37 Cont. Cas. Fed. 76,152 · United States Court of Claims · Aug 8, 1991

Plaintiff relies on the six percent differential established by § 2(c) of Exec. … Furthermore, since the Safety Manual clearly requires ROPS to be installed on the trencher, we need not turn to custom and practice in the industry to aid in interpreting § 18.-B.20(a).

Buchanan v. United States

621 F.2d 373 · United States Court of Claims · Apr 2, 1980

Officers selected for TAR designation may, therefore, have a *298 reasonable expectation of a gratifying career in an extremely important functional area of the Navy, and may anticipate a promising opportunity to qualify … Regular officer tenure was established years ago during the formative period of the Navy.

Irving Berlin Music Corp. v. United States

487 F.2d 540 · United States Court of Claims · Nov 14, 1973

Ever since its establishment, Berlin Music has been actively engaged in the music-publishing business. … Thus, the royalty payments from ASCAP, half of which, after adjustments, were paid to Berlin Music, are clearly copyright royalties.

Werner v. United States

642 F.2d 404 · United States Court of Claims · Feb 25, 1981

If * * * an unauthorized absence qualifies as an unavoidable absence which may be excused, the following commanders may accomplish such actions: * sfc sfc * sfc (3) An absence exceeding 30 days may be* * * excused * * * by … We are unable to award plaintiff interest on any amount of military pay and allowances to which he is entitled because the United States has not waived its sovereign immunity with respect to such an award.

Church of the Visible Intelligence that Governs Universe v. United States

4 Cl. Ct. 55 · United States Court of Claims · Dec 1, 1983

Procedure 80-25, 1980- 1 C.B. 668 , provides in part that: Exempt status will be recognized in advance of operations if proposed operations can be described in sufficient detail to permit a conclusion that the organization will clearly … Courts should not insist on such a high standard of proof that only an established organization could qualify. See Dumaine Farms v. Commissioner, 73 T.C. at 665.

Holbrook v. United States

21 Ct. Cl. 434 · United States Court of Claims · May 24, 1886

This is in accordance with the general doctrine of insurance law laid down by Lord Oockburn in the following language: “I take it to be clearly established in the case of a total loss, that whatever remains of the vessel … The construction of the word “suitable,” as applied to testimony, and “proper,” as qualifying evidence, may become of very serious importance hereafter.

Gregory Lumber Co. v. United States

33 Cont. Cas. Fed. 74,926 · United States Court of Claims · Dec 29, 1986

More importantly, they fail to posture “specific facts” clearly establishing genuine and material issues for trial, as required. As has been held by the U.S. … Qualified bidders must submit with their bids a deposit of not less than 10% of the appraised value of the timber offered for sale (§ 5441.1-1).

N. Fiorito Co. v. United States

180 Ct. Cl. 281 · United States Court of Claims · May 12, 1967

The attacks made by appellant on the accuracy of these tests carried out by and under a qualified petrographer at the Troutdale laboratory are not convincing. … Plaintiff has not established that the test used by defendant relating to weathering or soft particles was improperly conducted or that the test results were wrong.

Holiday Village Shopping Center ex rel. Mitchell v. United States

5 Cl. Ct. 566 · United States Court of Claims · Jun 6, 1984

This rule has been well established since as far back as 1935 2 and was specifically enacted in § 336 of the Code in 1954. 3 *568 The depreciation recapture provisions are of more recent vintage. … In explanation it quoted the language of the House conference committee report discussed supra, and it then stated ( 79 T.C. at 433 ): When the 1954 Code was adopted by Congress, the conference report * * * clearly stated

Cheyenne-Arapaho Tribes of Indians v. United States

671 F.2d 1305 · United States Court of Claims · Feb 10, 1982

The essence of the holding in these cases was that defendant was liable to qualified Indians of the Hoopa Valley Indian Reservation, principally so-called Yurok Indians who inhabited a portion of the Reservation known as … presented herein concerning the government’s claim that the Hoopa Valley Tribe may not be "the exclusive owner of the * * * underlying accounts which were allegedly mismanaged by the government.” 4 The Hoopa Valley Tribe was clearly

Mitkof Lumber Co. v. United States

37 Cont. Cas. Fed. 76,117 · United States Court of Claims · Jun 14, 1991

The base rate is an established rate below which a bid may not be accepted by the Service. 1 In addition, Mit-kof bid an additional $.31 per MBF in cash. … It is difficult, in view of the clearly expressed legislative intent, for Mitkof to argue that it did not get the complete relief directed by section 4.