Case law

Mills Automatic Merchandising Corp. v. United States

19 F. Supp. 247 · United States Court of Claims · May 3, 1937

The taxpayer elected to appeal and by so doing brought itself squarely within the decision of the Supreme Court in the case of Old Colony Trust Company v. … Emery v. United States (D.C.) 27 F.(2d) 992 , and Old Colony R. R. Co. v. United States (D.C.) 27 F.(2d) 994 , hold that the petitioner still retains this earlier remedy.

ELGENDI

23 I. & N. Dec. 515 · Board of Immigration Appeals · Jul 1, 2002

Concurring Opinion: ESPENOZA, Board Member. … Espenoza, Board Member I respectfully concur.

Application of National Distillers and Chemical Corporation, Doing Business as National Distillers Products Co

297 F.2d 941 · Court of Customs and Patent Appeals · Jan 12, 1962

As was stated in Avon Shoe Co., Inc. v. … Roth Co., Inc. v.

Carter v. United States

152 Ct. Cl. 334 · United States Court of Claims · Jan 18, 1961

Our attention is directed to the case of Gaddington v. United States, 147 Ct. Cl. 629 , which case the plaintiff contends is determinative of his right to recover. … This was the effect of the Correction Board determination which promoted plaintiff as of May 15, 1946. But in making such a concession the Board could not go back beyond that date.

Application of George E. Myers

410 F.2d 420 · Court of Customs and Patent Appeals · May 22, 1969

Co., Inc. et al. v. … In this respect, this case is not unlike Kropa v.

Harold S. Hemstreet v. William S. Rohland

433 F.2d 1403 · Court of Customs and Patent Appeals · Dec 3, 1970

Daley v. Wiltshire, 293 F.2d 677 , 49 CCPA 719 (1961). … Kuppenbender v. Riszdorfer, 104 F.2d 791, 795-796 , 26 CCPA 1436, 1440-1442 (1939); Wirkler v. Perkins, 245 F.2d *1407 502, 504-505, 44 CCPA 1005, 1008-1009 (1957).

United States v. Schmidt

13 Ct. Cust. 252 · Court of Customs and Patent Appeals · Nov 21, 1925

United States v. … United States v. Beierle, 1 Ct. Cust. Appls. 457 ; United States v. Von Bremen et al., 12 Ct. Cust. Appls. 407 .

Joyce v. United States

2 Cl. Ct. 226 · United States Court of Claims · Apr 5, 1983

Pascal v. United States, 211 Ct.Cl. 183, 189 , 543 F.2d 1284, 1288 (1976). … Harvin v. United States, No. 167-80C at 7 (Ct.Cl. 1981), 661 F.2d 885, 889 (1981).

Korte-Fusco Joint Venture

Armed Services Board of Contract Appeals · Nov 5, 2015

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). … However, when interpreting a contract, the Board must consider the document as a whole and interpret it so as to harmonize and give reasonable meaning to all of its parts. NVT Technologies, Inc. v.

Dunn v. Commissioner

57 T.C.M. 1295 · United States Tax Court · Aug 15, 1989

DUNN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Dunn v. Commissioner Docket No. 30798-87 United States Tax Court T.C. Memo 1989-428 ; 1989 Tax Ct. Memo LEXIS 426 ; 57 T.C.M. (CCH) 1295 ; T.C.M. … Although petitioner was Hedmark's sole shareholder, the record does not reflect Hedmark's board of directors' membership. ↩ 4.

Johnson Controls, Inc. v. United States

30 Cont. Cas. Fed. 70,445 · United States Court of Claims · Oct 13, 1982

Subsequently, the Federal Republic of Germany contracted with the consortium of Brown, Boveri, & Cie AG and plaintiff to perform the work. … Due to difficulties encountered during the project, Brown, Boveri & Cie AG terminated its consortium agreement with the plaintiff.

Dynalectron Corp. v. United States

518 F.2d 594 · United States Court of Claims · Jul 11, 1975

Cl. 996 (1972), refused to review the Board denial of excess reprocurement costs to the Government. We cited S & E Contractors, Inc. v. United States, 406 U.S. 1 (1972). … Cl. 518 , 360 F. 2d 634 (1966 ); Natus Corp. v. United States, 178 Ct. Cl. 1 , 371 F. 2d 450 (1967); Tecon Corp. v. United States, 188 Ct. Cl. 436 , 411 F. 2d 1271 (1969); Tombigbee Constructors v.

Mitchell v. United States

26 Cl. Ct. 1329 · United States Court of Claims · Sep 30, 1992

Resort to a correction board is permissive, not mandatory, and therefore does not toll the running of the statute of limitations. Hurick, 782 F.2d at 987 ; Ellzey v. … Marsh, 787 F.2d 510, 512 (10th Cir. 1986) (plaintiff’s cause of action accrued at the time of correction board’s decision); Linfors v.

Snow v. Commissioner

31 T.C. 585 · United States Tax Court · Dec 23, 1958

We think that the legal connotation of the word “ordinary,” as defined in Welch v. … Respondent urges that the instant case is controlled by McDonald v. Commissioner, 323 U. S. 57 (1944), and Revere Racing Association v. Scanlon, 232 F. 2d 816 (C. A. 1, 1956).

Zachary M. Batara v. Department of the Navy

2016 MSPB 15 · Merit Systems Protection Board · Mar 7, 2016

See Crosby v. U.S. … Patterson v.

MacEntee

203 Ct. Cl. 752 · United States Court of Claims · Feb 1, 1974

Skaradowski v. United States, 200 Ct. Cl. 488, 489 , 471 F.2d 627, 628 (1973); Duhon v. United States, 198 Ct. Cl. 564 , 461 F.2d 1278 (1972). … Brenner v. United States, 202 Ct. Cl. 678 (1973); Clinton v. United States, 191 Ct. Cl. 604, 606 , 423 F.2d 1367, 1368 (1970); Orloff v. Willoughby, 345 U.S. 83 (1953).

Otis v. United States

United States Court of Federal Claims · Mar 21, 2025

“Congress has given the military secretaries the power to correct military records using civilian Corrections Boards.” Richey v. United States, 322 F.3d 1317, 1323 (Fed. … An aggrieved service member, however, need not exhaust his administrative remedies by appealing to a military review board. Martinez v. United States, 333 F.3d 1295, 1304 (Fed.

Methudy v. Roy

65 F.2d 171 · Court of Customs and Patent Appeals · May 29, 1933

Under these circumstances, this was held to be sufficient proof of invention in Driggs v. Schneider, C. D. 1911, page 1, and page 276, and in Herman v. Fullman, C. D. 1903, page 452. … Court of Appeals of the District of Columbia in the cases of Herman v.

190808-38060

Board of Veterans' Appeals · Jun 16, 2020

See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). … See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997); Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991). Consequently, there is no longer a pending adverse determination for the Board to adjudicate.

In re Skoll

523 F.2d 1392 · Court of Customs and Patent Appeals · Oct 23, 1975

), while Test V gave a copper plating of 0.4 mil thickness when 10 grams of sucrose was employed. … We conclude that the board’s comparison of Test VIII with Test V was reasonable and that the affidavit fails to support appellant’s allegation that the amount of carbohydrate required by the claims is critical.