Case law

YALDO

13 I. & N. Dec. 374 · Board of Immigration Appeals · Jul 1, 1969

Counsel stated for the record that he had lo objection to the introduction of the record of the annulment )roceedings "since it is a part of the public record," although he lid qualify his nonobjection with a request for … While this may be common practice in the courts of Wayne County, Michigan, nevertheless, the failure to answer the counterclaim is evidence of the fact that the respondent made no attempt to establish his allegations of

In Re Penn Central Transportation Company

384 F. Supp. 895 · Special Court under the Regional Rail Reorganization Act · Sep 30, 1974

Clearly the Tennessee Central is not a candidate for reorganization under the Act. … Baxter State Bank16 is inapplicable where the issue is the waiver of immunity. 15. Kalb v. Feuerstein, 308 U.S. 433 , [ 60 S.

Felix Paul Phillips v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jul 30, 2024

If you don't qualify for a 100% rating but you can't work, TDIU may be an option. Thus, the Board needed to, and did, consider TDIU when it rated Mr. Phillips's disabilities. … But the majority nonetheless uses his unique and complicated set of facts to establish a dramatic change of approach to TDIU under the AMA.

J. J. Powell, Inc. v. United States

125 Fed. Cl. 73 · United States Court of Federal Claims · Feb 4, 2016

The regulations that clearly govern refund claims submitted by Ultimate Vendors for excise taxes on gasoline and diesel, Treas. … There is no such mandate for compliance with IRS publications and advice. 10 / The evidence in the record clearly establishes that Powell’s cardlock locations were operated through use of a fueling card,

Kroh v. Commissioner

98 T.C. 383 · United States Tax Court · Apr 2, 1992

Whether petitioner should be permitted to amend her petitions to include new defenses and supportive facts pertaining to her motion for partial summary judgment, her husband's bankruptcy case, and her assertion that she qualifies … Specifically, petitioner must show that: (1) The cause of action in the prior bankruptcy case of petitioner's husband is the same cause of action as in the instant proceeding, (2) petitioner qualifies as a party or a privy

Shalom v. United States

10 Cust. Ct. 6 · United States Customs Court · Dec 24, 1942

A comparison of these three exhibits with exhibit 1 strongly tends to establish that the involved gloves are net gloves and that they are not lace gloves. … Witness Kohlberg, after being thoroughly qualified on the subject of laces, stated that in general he was familiar with all kinds of laces and lace designs.

Employment of Temporary or Intermittent Attorneys and Investigators by the Office of the Special Counsel

Department of Justice Office of Legal Counsel · Feb 7, 1979

His knowledge and mastery o f the prin­ ciples, practices, problems, methods, and techniques o f his field o f activ­ ity, or o f a specialized area in a field, are clearly superior to those usually possessed by ordinarily … Thus, although your appropriation for tem porary experts could most likely be used to hire particularly qualified attorneys or investigators to work on unusually difficult m atters, we do not understand this to be your current

Kl3, LLC v. United States

United States Court of Federal Claims · Jun 12, 2025

Here, all the Court has to judge KL3’s standing are the assertions that KL3 is “qualified to perform the services,” “would be a prospective offeror,” and that “KL3 could complete for contract(s).” ECF No. 46 ¶ 11. … But this was a sole-source award—and other than determining that KL3 was not capable of performing the ITMS requirement in response to an SSN (which clearly does not help KL3’s efforts to establish standing), Tab 14 at AR

Mississippi Chemical Corp. v. Commissioner

86 T.C. 627 · United States Tax Court · Apr 9, 1986

During the years in issue, SNS was a corporation and, as such, qualified as a “person.” … With these well-established principles in mind we turn to the facts before us.

Yantai Xinke Steel Structure Co. Ltd. v. United States

2012 CIT 95 · United States Court of International Trade · Jul 18, 2012

Accordingly, Jiulong’s claims were clearly within the scope of the original action, and are thus properly asserted in this action. 10 Narrow coil is steel strip classifiable under the Harmonized Tariff Schedule (“HTS”) … The foregoing facts available discussion clearly demonstrates that Jiulong had two sets of documents relating to the steel used to make its grates.

Platinum Services, Inc. v. United States

United States Court of Federal Claims · Jul 25, 2025

Gmyr is not qualified to calculate the value of Platinum’s accessorial services, because although Mr. … Gmyr is qualified to testify on the fair market value of accessorial services performed by Platinum. Mr.

Fluor Enterprises, Inc. v. United States

64 Fed. Cl. 461 · United States Court of Federal Claims · Mar 24, 2005

Clearly, then, these issues are ones of statutory interpretation and application of law to fact. … Fluor is not immune from these deficiencies.

Yanko v. United States

127 Fed. Cl. 682 · United States Court of Federal Claims · Aug 12, 2016

The Government does not dispute that part-time GS and WG workers qualify as employees under 5 U.S.C. § 5546(b), the holiday premium pay statute. Gov’t Mot. at 4 (citing Fathauer v. United States, 566 F.3d 1352 (Fed. … See Fathauer, 566 F.3d at 1357 (“[T]he word ‘employee’ clearly includes those who work part time.”).

Mosley v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 15, 2014

In March 2008, petitioner qualified for Social Security Disability Income (“SSDI”) benefits. Med. recs. Ex. 23, at 1. On September 9, 2008, petitioner saw Dr. … However, a judge on the Court of Federal Claims reversed the special master’s dismissal, concluding that petitioner had established a prima facie case.

Borel v. United States

29 Cust. Ct. 69 · United States Customs Court · Jul 9, 1952

The foregoing established facts are sufficient to preclude the present merchandise from classification as a cleaning or polishing powder, under paragraph 13, as amended, supra-, or as a color, stain, or paint under amended … Based upon those facts, the claim for classification under the eo nomine provision for bronze powder was upheld: The type of merchandise under consideration and the question before us are clearly distinguishable from those

Watts-Healy Tibbitts A JV v. United States

81 Fed. Cl. 655 · United States Court of Federal Claims · Apr 25, 2008

Found within this regulation is a clause that states “[ojffers from firms that do not qualify as United States firms will be evaluated by adding twenty percent to the offer.” DFARS 252.236- 7010. … Offers from firms that do not qualify as United States firms will be evaluated by adding 20 percent to the offer. (c) Status. The offeror _ is _ not a United States firm.

Merrill Lynch & Co. v. Comm'r

131 T.C. 293 · United States Tax Court · Dec 30, 2008

Applying section 304, 2 we held that the cross-chain sales qualified as redemptions in complete termination of the selling shareholder corporation’s interest in the subsidiaries and must be taxed as distributions in exchange … During February and March 1987 Merrill Parent prepared a preliminary offering memorandum regarding the sale of ML Capital Resources, contacted various prospective buyers, and established the procedures for bidding on ML Capital

Indiana Michigan Power Co. v. United States

60 Fed. Cl. 639 · United States Court of Federal Claims · May 21, 2004

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery____” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed.Cir.2000) (quoting Locke v. … The past and future costs that fall into the "qualified” time period are itemized below. The total is $6,316,000.

Paschen Contractors, Inc. And Peter Kiewit Sons' Co., Joint Venturers v. The United States

418 F.2d 1360 · United States Court of Claims · Dec 12, 1969

Plaintiff submits that the record clearly establishes without dispute that there would have been no condensation or heat gain in the hung ceiling spaces involved in this contract. 6. … Defendant further reasons that the reference to “all supply duets” in the first sentence of paragraph 82 would have been qualified (for example, by the words “in non-conditioned spaces”) had it been intended that the exception

National Treasury Employees Union v. United States

54 Fed. Cl. 791 · United States Court of Federal Claims · Dec 20, 2002

OPM, 47 M.S.P.R. 293 (1991) (finding no waiver of sovereign immunity for payment of interest on delayed retirement benefits). … Here, the notice provided to the class was clearly adequate.