USCFC General Jurisdiction-Reported

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06-585C consolidated with 06-612C • MADEN TECH CONSULTING INC.,v. UNITED STATES OF AMERICA

Filed 12/29/2006
Administrative Procedures Act, 5 U.S.C. § 706(2)(A);
Competition in Contracting Act, 31 U.S.C. § 3553;
Consolidation, RCFC 42(a);
Related Case, RCFC 40.2 Signed by Judge Braden.

06-439C • JOYCE EVANS, et al.,v. UNITED STATES OF AMERICA

Filed 12/22/2006
Takings Clause; Commerce Clause; Agricultural Marketing Agreement Act of 1937; motion to dismiss for failure to state a claim; RCFC 12(b)(6) Signed by Judge Lettow.

04-74C consolidated with 04-75C • PACIFIC GAS & ELECTRIC COMPANY, v. UNITED STATES OF AMERICA

Filed 12/22/2006
Motion for Reconsideration;
Spent Nuclear Fuel Case;
Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425, 96 Stat. 2201; Calculation of
Damages; Dry Storage;
Reracking Signed by Judge Hewitt.

02-131C • PRECISION PINE & TIMBER, INC., v. UNITED STATES OF AMERICA

Filed 12/22/2006
Timber sale contracts, calculation of damages due to contractor's breach, Debt Collection Act, 31 U.S.C. § 7301 et.
seq., timing of interest accrual, fixed interest rate, variable interest rate, mitigation, penalty charge Signed by Judge Miller, G..

consolidated • ABEN E. JOHNSON and JOAN G. JOHNSON, v. UNITED STATES OF AMERICA (01-428T, 03-2803T & 05-1265T)

Filed 12/21/2006
Theft Loss Deduction; Year of Discovery; Ascertain with Reasonable Certainty; Resolution of Reimbursement Claim;
IRC § 165; Treas. Reg. § 1.165-1 Signed by Judge Firestone.

05-1236C • EVA P. WHITE, Administratrix of the Estate of CHRISTINE H. ROBERTS v. UNITED STATES OF AMERICA

Filed 12/20/2006
Public Safety Officers' Benefits Act, PSOBA, 42 U.S.C. § 3796, et seq.; Eligibility for benefits;
Filing of a Claim, 28 C.F.R. § 32.20 (2001); Execution of a Claim, 28 C.F.R. § 32.19 (2001); Payment to a beneficiary's estate; Chevron deference; plain meaning of regulation Signed by Judge Baskir.

06-308T • ROBERT R. BIDDULPH, v. UNITED STATES OF AMERICA

Filed 12/20/2006
RCFC 12(b)(1); Motion to Dismiss; No Subject Matter Jurisdiction Over Tax Refund Suit; Full Payment Rule;
Flora v. United States; No Timely Claim for Refund; Lawful Tax Collection is not Fifth Amendment "Taking"; Nonmonetary Relief Signed by Judge Hodges.

01-116C • NEBRASKA PUBLIC POWER DISTRICT, v. UNITED STATES OF AMERICA

Filed 12/19/2006
Motion to certify case for interlocutory appeal; Spent nuclear fuel case; Prior ruling that mandamus issued in Northern States is void and that briefing on the unavoidable delays clause should occur; 28 U.S.C. § 1292(d)(2); Controlling question of law; Substantial ground for difference of opinion; Whether certification would materially advance termination of litigation; Grounds for interlocutory appeal found to exist; Motion granted Signed by Judge Allegra.

06-556C • ROBERT HOWARD-PINSON, v. UNITED STATES OF AMERICA

Filed 12/18/2006
Military Pay Act; Court-Martial Conviction; Collateral Estoppeli Signed by Judge Wheeler.

93-280C • FRANK P. SLATTERY, JR., et. al.,v. UNITED STATES OF AMERICA

Filed 12/18/2006
Motion to Reconsider and Motion for Clarification; Damages; Tax Gross Up; Net Receivership Claims Signed by Judge Smith.

92-872C • AMERICAN SAVINGS BANK, F.A., et al.,v. UNITED STATES OF AMERICA

Filed 12/18/2006
Winstar damages Signed by Judge Smith.

06-450C • BRIAN L. BROWN, pro se., v. UNITED STATES OF AMERICA

Filed 12/15/2006
Miscellaneous; jurisdiction; motion to dismiss; transfer under 28 U.S.C. § 1631 (2000); mail box rule for prisoners Signed by Judge Miller, C..

03-1653C • LOREN STEPHEN LOOMIS, v. UNITED STATES OF AMERICA

Filed 12/15/2006
Military Discharge; Motion for Attorneys' Fees; Equal Access to Justice Act, 28 U.S.C. § 2412 Signed by Judge Bruggink.

93-648X • LAND GRANTORS IN HENDERSON, UNION, and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS, v. UNITED STATES OF AMERICA

Filed 12/14/2006
Congressional Reference, 28 U.S.C. § 1492, 28 U.S.C. § 2509; Claim Accrual;
Equitable Tolling;
Interlocutory Appeal, 28 U.S.C. § 1292(d)(2);
Jurisdiction; Mediation;
RCFC, Appendix H;
Statute of Limitations, 28 U.S.C. § 2501; Tucker Act, 28 U.S.C. § 1491 Signed by Judge Braden.

95-790C • MOLA DEVELOPMENT CORPORATION, v. UNITED STATES OF AMERICA

Filed 12/14/2006
Winstar - Statute of Limitations;28 U.S.C. § 2501; Accrual of Cause of Action for Breach of Contract;Contract Formation; Fifth Amendment Taking; Due Process Signed by Judge Williams.

90-981C • C. ROBERT SUESS, et al., v. UNITED STATES OF AMERICA

Filed 12/13/2006
Winstar damages; Market capitalization theory; Control premium; Informational leakage; tax gross up; CalFed causation analysis; offset damages award with receivership surplus Signed by Judge Smith.

06-258C • ALVIN, SHERYL, and CALVIN BRUHN, v. UNITED STATES OF AMERICA

Filed 12/12/2006
Contracts; breach of contract;motion to dismiss; jurisdiction;scope of Farm Security and Rural Investment Act of 2002,
Pub. L. 107-171, 116 Stat. 134 (2002) Signed by Judge Miller, C..

05-1167C • ADVANCED SYSTEMS TECHNOLOGY, INC., v. UNITED STATES OF AMERICA

Filed 12/08/2006
Equal Access to Justice Act, 28 U.S.C. § 2412 et. seq.; Prevailing Party; Pre-award Bid Protest; Preliminary Injunction; Remand Signed by Judge Williams.

05-575C • PHILLIP J. LAVEZZO d/b/a DKO TECHNOLOGIES, v. UNITED STATES OF AMERICA

Filed 12/07/2006
Contract Disputes Act; Sole Proprietorship; Subject Matter Jurisdiction; Failure of Principal to Sign Contracts; Lack of Independent Contracting Officer's Final Decision;
Remand Signed by Judge Allegra.

06-453C • CHE CONSULTING, INC., v. UNITED STATES OF AMERICA

Filed 12/07/2006
Bid Protest; 28 U.S.C. § 149; 5 U.S.C. § 706; RCFC 52.1(b); 48C.F.R.6.101(b);48C.F.R. 11.002(a)(1)(ii); Minimum Needs; Rationally Related; Unduly Restrictive; CICA; 41 U.S.C. § 253(a)(1)(a) (2000) Signed by Judge Smith.

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