Case law

In re Wiedman

243 F.2d 798 · Court of Customs and Patent Appeals · Apr 30, 1957

Accordingly, as stated by the board, claim 8 would be met by a structure in which the base plate extended only part way across the V. … Appellant requested the board to permit an amendment to claim 8 specifying that the base plate is connected to both arms of *903 the V-shaped member, but the board - declined to do so.

08-29 674

Board of Veterans' Appeals · Feb 22, 2012

DeLuca v. Brown, 8 Vet. App. 202 (1995); 38 C.F.R. §§ 4.40, 4.45, 4.59 (2011). … That is so even considering functional loss due to pain and other factors. 38 C.F.R. §§ 4.40, 4.45 (2011); DeLuca v. Brown, 8 Vet. App. 202 (1995).

Edison Sault Electric Co. v. United States

552 F.2d 326 · United States Court of Claims · Mar 23, 1977

Josef Best v. United States, 154 Ct. Cl. 827, 836 , 292 F.2d 274 (1961); Rose Marie Porter v. United States, 204 Ct. Cl. 355 , 496 F.2d 583 (1974), cert. denied, 420 U.S. 1004 (1975). … Rose Marie Porter v. United States, supra, 204 Ct. Cl. at 360 , 496 F.2d at 587 .

Wolf v. United States

168 Ct. Cl. 24 · United States Court of Claims · Nov 13, 1964

Andrews v. United States, 163 Ct. Cl. 126 (1963). … Hordechuck v. United States, 144 Ct. Cl. 492 . We think the decision of the Correction Board and the Secretary was arbitrary and not supported by the evidence.

Cosmic Construction Co. v. United States

32 Cont. Cas. Fed. 72,529 · United States Court of Claims · May 21, 1984

On those facts, the board declined to exercise its discretion to waive the late filing of the appeal as permitted by Maney Aircraft Parts, Inc. v. United States. 5 It further holds that: ... … Defendant relies on the decisions in Tuttle/White Constructors, Inc. v. United States, 8 Z.A.N. Company v. United States, 9 and Santa Fe Engineers, Inc. v.

In re Ruff

256 F.2d 590 · Court of Customs and Patent Appeals · Jun 24, 1958

Butler Bros. v. Pratt, 253 F. 654, 656 (CCA-8), and cases there cited. … Co., Inc. v. Linde Air Products Co., 339 U.

Derrick Electric Co.

618 F.2d 122 · United States Court of Claims · May 18, 1979

Cl. 607, 614 , 558 F. 2d 985, 989 (1977), which states: * * * Where the board’s findings are made in a case within its jurisdiction, the reasoning of S&E Contrac *677 tors, Inc. v. … On the other hand, where the board conducts a proceeding beyond its jurisdiction, its findings of fact therein are advisory only, see United States v. Utah Constr. & Min.

Shaw v. Principi

3 Vet. App. 365 · United States Court of Appeals for Veterans Claims · Oct 13, 1992

The Board is required to consider and discuss the applicability of all potentially applicable provisions of law. See Schafrath v. Derwinski, 1 Vet.App. 589, 592-93 (1991); Payne v. Derwinski, 1 Vet.App. 85, 87 (1990). … O’Hare v. Derwinski, 1 Vet.App. 365, 367 (1991). The Board erred also in failing to provide adequate assistance to the veteran.

Weeks v. United States

United States Court of Federal Claims · Jul 24, 2019

In Silverman v. … Brown v. United States, 74 Fed. Cl. 546, 550 (2006). The court assumes, for the sake of argument, that Ms. Weeks could have asserted a timely due process claim when she filed her complaint in the instant case.

Sweat v. Principi

4 Vet. App. 67 · United States Court of Appeals for Veterans Claims · Jan 15, 1993

Therefore, the claim should not have been reopened and any error attendant on the Board’s failure to apply the proper standards in its adjudication of the claim is harmless. See 38 U.S.C. § 7261 (b); Kehoskie v. … Derwinski, 2 Vet.App. 31, 34 (1992); Godwin v. Derwinski, 1 Vet.App. 419, 425 (1991); Thompson v. Derwinski, 1 Vet.App. 251, 254 (1991).

Romey A. Gaiser v. Cyril S. Linder

253 F.2d 433 · Court of Customs and Patent Appeals · Mar 21, 1958

In Chandler v. … Kendall v. Searles, 173 F.2d 986 , 36 C.C.P.A., Patents, 1045.

Arthur J. Humphreys, Inc. v. United States

15 Ct. Int'l Trade 191 · United States Court of International Trade · May 3, 1991

Takahashi & Co. v. United States, 14 Cust. Ct., 38, 46, C.D. 4583 (1975); see also Tomoegawa USA, Inc. v. United States, 12 CIT 112 , 116, 681 F. … Baldechi & Son v. United States, 56 CCPA 112, C.A.D. 963, 420 F.2d 756 (1969) (following Quality Marble). In United States v.

United States v. Downing

6 Ct. Cust. 545 · Court of Customs and Patent Appeals · Feb 21, 1916

See also Tutton v. Viti ( 108 U. S., 312 ), Merritt v. Tiffany ( 132 U. S., 167 ), Benziger v. United States ( 192 U. S., 38 ), Express Co. v. United States ( 94 Fed., 643 , affirmed in 101 Fed., 111 ), United States v. … In Tutton v. Viti ( 108 U.

Bond, Inc. v. Commissioner

12 B.T.A. 339 · United States Board of Tax Appeals · Jun 4, 1928

On December 1,1927, Bond, Incorporated, filed a petition with the Board for a redetermination of such deficiency. The pertinent portions of the petition read: Bond, Incorporated, Petitioner, v. … Reviewed by the Board.

Bulova Watch Company, Inc. v. Waltham Watch Company

408 F.2d 1062 · Court of Customs and Patent Appeals · Apr 10, 1969

While we agree with the board that there are differences between the involved marks in sound, meaning, and appearance, we think the board has over-analyzed the marks. … United States Time Corp. v. Jacob Tennenaum (Tennenbaum & Co., Telix Watch, assignee, substituted), 46 CCPA 895, 267 F.2d 327 , 122 USPQ 15 (1959).

Rosenheim v. Commissioner

45 B.T.A. 1018 · United States Board of Tax Appeals · Dec 17, 1941

A. 1123, and approved by the Supreme Court in Hulburd v. Commissioner, 296 U. S. 300 . … Russell v. United States, 278 U. S. 181 ; Percy N. Powers, 20 B. T. A. 75.. Moreover, it is at least doubtful whether we might have the power to extend the statutory period. Stebbins v. Helvering, 121 Fed. (2d) 892.

Clarke v. Commissioner

22 B.T.A. 314 · United States Board of Tax Appeals · Feb 24, 1931

V. … V.

Thomas v. United States

125 Ct. Cl. 76 · United States Court of Claims · May 5, 1953

Gray v. United States, 124 C. Cls. 313 ; Love v. United States, 122 C. Cls. 144 ; Tan v. United States, 122 C. Cls. 662 , cert. den. 344 U. S. 895 . The case of O'Hare v. United States, 124 C. … See O'Hare v. United States, supra, p. 3.

FITZPATRICK

26 I. & N. Dec. 559 · Board of Immigration Appeals · Jul 1, 2015

FOR RESPONDENT: Rick Hodge, Esquire, Wichita, Kansas BEFORE: Board Panel: GRANT, MALPHRUS, and MULLANE, Board Members. … Kimani v. Holder, 695 F.3d 666, 669 (7th Cir. 2012); see also United States v.

American Gas & Elec. Co. v. Commissioner

33 B.T.A. 471 · United States Board of Tax Appeals · Nov 15, 1935

The Circuit Court of Appeals for the Fourth Circuit reversed the Board in the Western Maryland Railway Co. case, supra. Western Maryland Railway Co. v. Commissioner, 33 Fed. (2d) 695. … The Court of Appeals for the Second Circuit has recently reversed a decision of the Board on the discount question. New York Central Railroad Co. v. Commissioner, 79 Fed. (2d) 247.