Case law

Fisher Sand & Gravel Co. v. United States

United States Court of Federal Claims · May 29, 2019

The SSA selected SLSCO, the intervenor, as the most qualified and the only firm with which it would negotiate. … We are satisfied that the D&F clearly lays out the agency’s consideration of the significant adverse consequences for proceeding with the stay in place.

Schick X-Ray Co. v. United States

62 Cust. Ct. 97 · United States Customs Court · Feb 4, 1969

Such witnesses, if qualified, doubtlessly could have testified as to the use of the apparatus. Further, Mr. … Liberson’s testimony, although in itself insufficient to establish chief use, clearly discloses the suitability of the cycle ergometer for laboratory use, and to that extent lends support to the correctness of the collector

Caluza v. Brown

7 Vet. App. 498 · United States Court of Appeals for Veterans Claims · Apr 12, 1995

Caluza, had qualifying active-duty service (missing status and recognized guerilla service) in the Philippine Army from November 1944 to November 1945. Record (R.) at 5,17,22, 27; Supplemental (Suppl.) R. at 14. … Findings of fact by the BVA may be overturned by the Court only when they are “clearly erroneous”. 38 U.S.C. § 7261 (a)(4); see Gilbert, supra.

Pathex, Inc. v. United States

66 Cust. Ct. 258 · United States Customs Court · Apr 15, 1971

Thus, it clearly appears from the aforesaid disclosures made subsequent to the time of entry that the name Pathex, Inc. has no genuine connection with the merchandise at bar or with payment of duties, charges or exactions … Also, it has to qualify as being the height of “frivolity” for a protestant such as Pathex, Inc., the plaintiff herein, to file a protest on a ground the successful prosecution of which is *262 predicated upon the establishment

Old Homestead Bread Co. v. Commissioner

28 T.C. 306 · United States Tax Court · Apr 30, 1957

The benefits of section 722 are available to the petitioner only if it establishes that the excess profits tax complained of is “excessive and discriminatory,” as those terms are defined in the statute, and further establishes … The three oases cited by the petitioner above are clearly distinguishable.

Kear v. Roder

115 F.2d 810 · Court of Customs and Patent Appeals · Dec 9, 1940

We are of the opinion, however, that the record does not clearly show what would occur in actual use. … Appellant’s testimony in this regard was clearly corroborated by Diamond.

HUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Sep 14, 2026

. § 300aa. 1 leukemia . . . following vaccination overload to the immune system.” Petition at 1 (ECF No. 1). … Walker with Petitioners reporting he was “fussy after immunizations last week” and was “eating less” and “warm to touch.” Pet. Ex. 11 at 21. His temperature was 100.1°F. Id.

Magnolia Petroleum Co. v. United States

54 Cust. Ct. 804 · United States Customs Court · Apr 26, 1965

The witness, Hayes, an experienced and well-qualified patent lawyer, testified in substance that he had been employed for over 20 years in the Patent Department of Socony Mobil Oil Co. and had practiced patent law extensively … This is particularly so in view of the evidence which establishes that such merchandise was, in fact, sold to persons not licensed to use the cracking process.

Croman Corp. v. United States

44 Fed. Cl. 796 · United States Court of Federal Claims · Oct 1, 1999

The cause and surrounding circumstances of the alleged unilateral suspension are clearly operative facts in the contracting officer’s assessment of whether the government’s actions were authorized under the contract or immune … Accordingly, Croman qualifies under Paragraph C8.22 for a CTA. Croman acknowledges that one remedy that it is entitled to as a result of the interruption of its operations is a Contract Term Adjustment.

Blount, Inc. v. United States

36 Cont. Cas. Fed. 75,981 · United States Court of Claims · Dec 20, 1990

However, the fact remains that the business questionnaire was submitted with the IFB and qualified Blount’s acceptance of the terms of the contract. … In 45 Comp.Gen. 177 (1965), the bidder clearly demonstrated an unwillingness to comply with the 20 percent self-performance requirement.

Ross v. Commissioner

71 T.C. 897 · United States Tax Court · Feb 21, 1979

On their Federal quarterly gift tax returns for the calendar quarter ended December 31, 1972, petitioners each claimed 10 annual $3,000 exclusions for gifts made to the three trusts established for their 10 grandchildren. … OPINION The issue before the Court can be simply stated, did the transfers made by petitioners in 1972 into the trusts constitute gifts of present interests under section 2503(c) so that the amounts transferred qualify for

Clayden v. Commissioner

90 T.C. 656 · United States Tax Court · Apr 11, 1988

He then instructed Clayden to ascertain from Vitagram and Teledent whether the program would qualify for these tax benefits. … films was 10 percent of the applicable percentage of qualified U.S. production costs.

Olin v. United States

82 Fed. Cl. 216 · United States Court of Federal Claims · Jun 10, 2008

. § 2501 (2000) and that plaintiff has failed to allege “the elements necessary to establish the existence of a contract between himself and the United States.” Def.’s Mot. Dismiss (“Mot.”) 1. … The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

Gallo v. United States

76 Fed. Cl. 593 · United States Court of Federal Claims · May 29, 2007

The Tucker Act concurrently “waives the Government’s sovereign immunity for those actions.” Id. … Clearly, these regulations work in conjunction with one another.

Pillsbury Co. v. United States

368 F. Supp. 2d 1319 · United States Court of International Trade · Apr 19, 2005

Again, Customs’ analysis is does not follow established jurisprudence. … Cir. 2003) (neither a treaty nor executive agreement will be deemed abrogated unless Congress clearly expresses its intent).

DUNAR

14 I. & N. Dec. 310 · Board of Immigration Appeals · Jul 1, 1973

Thus far, relief thereun- der has never been denied to an alien who has established that he will probably be persecuted. … After reviewing the record, we rejected the persecution claim as not established by the evidence.

MONGES

25 I. & N. Dec. 246 · Board of Immigration Appeals · Jul 1, 2010

Pursuant to this mandate, the Department of Justice issued a final rule that established time and number limitations on motions to reconsider and motions to reopen. … Furthermore, the motion does not qualify for any of the permissible exceptions to the time limitations for motions to reopen.

Autry v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 13, 2024

immune system and history of immune system problems. … Helmers, the Chief of Epilepsy at Emory, diagnosed petitioner with “a Neuro-Immune mediated brain injury”, but informed the parents that there was no one qualified at Emory or in the state of Georgia to treat petitioner.

Safety Tube Corp. v. Commissioner

8 T.C. 757 · United States Tax Court · Apr 2, 1947

For petitioner to succeed in its contention, it must establish that the royalties fall within one of the specified deductions. … The facts which have been stipulated seem to show clearly that petitioner in good faith believed that it was not liable for any personal holding company surtax and that its counsel, Garnett S.

State Farm Road Corp. v. Commissioner

65 T.C. 217 · United States Tax Court · Nov 3, 1975

We also think it significant that the fruition of the plans of the shareholders of petitioner to develop the Heritage Village Apartments Complex depended upon having the sewer system established. 13 In this context, it can … Thus, at least with respect to the depreciation deduction issue, public utility status may be a factor against customer payments qualifying as contributions to capital.