Case law

National Concessions Group Inc.

Trademark Trial and Appeal Board · May 3, 2023

Co. v. Smith, 113 USPQ 413, 418 (Comm’r. … See Brown, 119 USPQ2d at 1351-52 (Board may consider extrinsic evidence when determining whether the CSA prohibits a product).

Donovan v. West

13 Vet. App. 489 · United States Court of Appeals for Veterans Claims · May 9, 2000

On October 8, 1998, this Court issued an opinion affirming the Board's decision in part, vacating the decision in part, and remanding two matters for readjudication. See Donovan v. … It is further ORDERED that the Board's May 1995 decision is VACATED. See Landicho v. Brown, 7 Vet.App. 42, 54 (1994) (citing United States v.

United States v. M. & D. Miller, Inc.

41 C.C.P.A. 226 · Court of Customs and Patent Appeals · Mar 23, 1954

It is known specifically in trade as brown Rockingham ware, and is earthenware enameled and tinted, and is not the class of ware commercially known as common brown earthenware. In Masson et als. v. United States, 3 Ct,. … See Cadwalader v. Zeh, 151 U. S. 171 . In Wanamaker v. United States, 13 Ct. Cust. Appls. 93 , T.

Beeley v. War Contracts Price Adjustment Board

12 T.C. 61 · United States Tax Court · Jan 27, 1949

This proceeding was heard and petitioners’ brief was filed prior to the Supreme Court’s decision in Lichter v. United States, 334 U. S. 742 . … It was not involved under the facts in the three cases which were before the Supreme Court in Lichter v. United States, supra.

Irvin's Trust v. Commissioner

29 T.C. 846 · United States Tax Court · Feb 14, 1958

Brown, Vernon K. Irvin, and Kobert L. Irvin, acceptors in joint tenancy and children of Elmer Irvin, should compose the board of trustees and executive officers for conducting the business of the trust. … Swanson v. Commissioner, 296 U. S. 362 ; Helvering v. Combs, 296 U. S. 365 ; and Helvering v. Coleman-Gilbert Associates, 296 U. S. 369 .

Snyder v. Gober

14 Vet. App. 148 · United States Court of Appeals for Veterans Claims · Oct 6, 2000

See Herrmann v. Brown, 8 Vet.App. 60, 62 (1995) (applying Kerr "two prong test"); Erspamer v. Derwinski, 1 Vet.App. 3, 9 (1990) (same). … See Gardner v. Derwinski, 1 Vet.App. 584, 586 (1991), aff'd sub nom. Gardner v. Brown, 5 F.3d 1456 (Fed. Cir. 1993), aff'd 513 U.S. 115 (1994); see also Smith (William) v. Brown, 35 F.3d 1516, 1522-23 (Fed.

Clifford H. Cox v. Robert A. McDonald

28 Vet. App. 318 · United States Court of Appeals for Veterans Claims · Nov 7, 2016

See Tallman v. Brown, 7 Vet.App. 453, 461 (1995) (holding that ambiguity exists when a statute can be interpreted by reasonably well-informed people in two or more ways), rev'd on other grounds, 105 F.3d 613 (Fed. … Cir. 1997); see also Brown v. Gardner, 513 U.S. 115, 118 (1994) ("Ambiguity is a creature not of definitional possibilities but of statutory context . . . .").

United States v. North American Mercantile Co.

14 Ct. Cust. 68 · Court of Customs and Patent Appeals · May 1, 1926

The Board of General Appraisers, after a hearing, granted-the prayer of said petition. The Government appeals. But one witness, M. … It appears from the record that the testimony was heard by General Appraiser Brown and the decision made and judgment entered by a majority of Board 2, with whom General Appraiser Brown was not sitting.

Rocco v. Perciavalle v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Sep 27, 2019

Brady v. Brown, 4 Vet.App. 203, 206 (1993). … Esteban, 6 Vet.App. at 261 (discussing Fanning v. Brown, 4 Vet.App. 225 (1993)). In short, Esteban neither proposed an interpretation of a regulation nor cited any existing interpretation.

12-33 877

Board of Veterans' Appeals · Oct 31, 2017

The Board finds that there has been substantial compliance with the prior remand instructions and no further action is necessary. See D'Aries v. Peake, 22 Vet. … Turning first to the Veteran's statements, the Board acknowledges that laypersons are competent to report on matters observed or within their personal knowledge. See Layno v. Brown, 6 Vet. App. 465, 470 (1994).

Kellogg Brown & Root Services, Inc.

Armed Services Board of Contract Appeals · Dec 13, 2023

Corp. v. Twombly, 550 U.S. 544, 547 (2007) and Ashcroft v. … , 62844, Appeals of Kellogg Brown & Root Services, Inc., rendered in conformance with the Board’s Charter.

In re Fleming

109 F.2d 656 · Court of Customs and Patent Appeals · Feb 26, 1940

A method of blending flour, consisting in roasting sesame seed to a golden brown in appearance, in roasting separate from said cereal grains to a golden brown appearance, in thoroughly mixing said seed and grains and thereafter … For the reasons stated herein the decision of the Board of Appeals is affirmed,.

Ellis v. Commissioner

25 B.T.A. 1195 · United States Board of Tax Appeals · Apr 20, 1932

Ormsby McKnight Mitchel and Mitchel v. Bowers, supra, T. J. Rogers et al., 15 B. T. A. 638; petition for review dismissed, 41 Fed. (2d) 1012; J. T. Browning et al., 16 B. T. A. 485; L. Brackett Bishop, 19 B. … Keviewed by the Board. Judgment will ~be entered for the respondent.

Edward L. Engelhardt v. Claude I. Judd, Alexander E. Drukker and John H. Biel

369 F.2d 408 · Court of Customs and Patent Appeals · Dec 15, 1966

A similar statement is found in the subsequent case of Brown v. … In stark contrast to the situations in the Brown v. Childs and Rhinevault v.

07-28 927

Board of Veterans' Appeals · Feb 27, 2015

See AB v. Brown, 6 Vet. App. 35 (1993). The January 2012 rating decision also granted a TDIU effective August 27, 2011. … Ardison v. Brown, 6 Vet. App. 405, 407 (1994).

Michael H. Jones v. Eric K. Shinseki

23 Vet. App. 382 · United States Court of Appeals for Veterans Claims · Mar 25, 2010

See Perman v. Brown, 5 Vet.App. 237, 241 (1993). At oral argument he modified his position in accord with the recent opinion of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Fagan v. … Brown, 5 Vet.App. 347 (1993), and the "burden of non-persuasion” is with VA, Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed.Cir.2001). See 38 U.S.C. § 5107 ; 38 C.F.R. § 3.102 (2009). .

Ozark Dam Constructors, a Joint Venture v. United States

288 F.2d 913 · United States Court of Claims · Apr 7, 1961

York’s testimony was wrong, it was deliberately false, since it described repeated contacts with the plaintiff Brown & Root and the responses to those contacts. … United States v. Howard P. Foley Co., 329 U.S. 64 , 67 S.Ct. 154 , 91 L.Ed. 44 . A fortiori, it is not liable when the contract contains the exculpatory clause.

Boyer v. West

12 Vet. App. 142 · United States Court of Appeals for Veterans Claims · Jan 27, 1999

KRAMER, Judge: On October 8, 1998, the Court issued an opinion affirming the Board of Veterans’ Appeals (BVA or Board) decision in this case. … Second, the appellant argues that the Court’s dicta in Villano v. Brown, 10 Vet.App. 248 (1997), and Bagwell v.

Estate of Semone Grossman, Richard M. Frome, Preliminary

United States Tax Court · May 27, 2021

Windows On World, 23 A.D.3d 967, 969-970 (3d Dep’t 2005) (comparing Matter of Seidel, 132 A.D.2d at 730, and Matter of Esmond, 26 A.D.2d at 884-885, with Matter of Brown, 40 N.Y.2d 938, 939 (1976), and Steele v. … The New York Appellate Division upheld the board’s decision: “There is an extremely 27 Indeed, the divorce at issue in Matter of Meltzer v.

Sandstrom v. Principi

16 Vet. App. 481 · United States Court of Appeals for Veterans Claims · Nov 8, 2002

In fact, the Board decision denied the veteran’s claim solely on the basis of the prohibition against the payment of interest on retroactive awards. Smith v. … Cacatian v. West, 12 Vet.App. 373, 376 (1999) (citing Gardner v. Brown, 5 F.3d 1456, 1456 (Fed.Cir.1993), aff'd, 513 U.S. 115 , 115 S.Ct. 552 , 130 L.Ed.2d 462 (1994)).