USCFC General Jurisdiction-Reported

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06-503T • SALMAN RANCH LTD v. THE UNITED STATES

Filed 11/13/2007
Taxes; TEFRA partnership proceeding; refund of income tax; Final Partnership Administrative Adjustment; extension of three-year statute of limitations under 26 U.S.C. ("I.R.C.") § 6501(e)(1)(A) (2000), due to omission of amount includible as partnership income; extension of statute of limitations under I.R.C. § 6229(c)(2), due to substantial omission of income; adequate disclosure. Signed by Judge Miller, C..

05-248C • JONATHAN D. ASTOR, et al. v. THE UNITED STATES

Filed 11/13/2007
Overtime Pay for Federal Firearms Instructors; Fair Labor Standards Act; Applicablity of Professional Exemption for Teachers; Department of Labor and Office of Personnel Managemnet Regulations; Burden of Proof Signed by Judge Wheeler.

04-34C & 04-36C • DELMARVA POWER & LIGHT CO. and ATLANTIC CITY ELECTRICITY CO. v. THE UNITED STATES

Filed 11/13/2007
Contracts; takings; Spent Nuclear Fuel cases; Nuclear Waste Policy Act of 1982, 42 U.S.C. § § 10101-10270 (2000); effect of arbitration ruling on court's jurisdiction; Assignment of Claims Act(s), 41 U.S.C. § 15, 31 U.S.C. § 3727; whether takings claim can be assigned. Signed by Judge Miller, C..

07-239C • JOE A. BROWDER, JR. v. THE UNITED STATES

Filed 11/09/2007
Motion to Dismiss; Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Motion for Leave to Amend Complaint Signed by Judge Smith.

03-2623C • SYSTEM FUELS and ENTERGY ARKANSAS, INC. v. THE UNITED STATES

Filed 11/09/2007
Motion for reconsideration of post-trial judgment in suit for partial breach of Standard Contract for disposal of spent nuclear fuel; RCFC 59(a), (b), (e) Signed by Judge Lettow.

07-636C • JOHN C. FRAZIER III v. THE UNITED STATES

Filed 11/07/2007
Pre-Award Bid Protest; Legal Standards Governing the Solicitation of Bureau of Reclamation Concession Contracts; Litigation of Contract Claims within a Pre-Award Bid Protest; Incumbent Contractor Performance as Responsiveness and Responsibility Criteria; Whether Allegedly Inaccurate Appraisal Estimates May Invalidate a Prospectus Signed by Judge Bush.

07-700C • WEEKS MARINE, INC., v. THE UNITED STATES

Filed 11/06/2007
Pre-award Bid Protest; Challenge to Agency's IDIQ Multiple Award Task Order Solicitation; Violation of 10 U.S.C. § 2304(a); Rational Basis Test; Injunctive Relief Signed by Judge Wheeler.

07-186C • WESTECH INTERNATIONAL, INC.,v. THE UNITED STATES

Filed 11/06/2007
Post-Award Bid Protest; DOE; NNSA; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Probable Cost Adjustments; Bannum; Rational Basis Signed by Judge Sweeney.

01-411C • INDUSTRIAL DOOR CONTRACTORS, INC.,v.THE UNITED STATES

Filed 11/02/2007
Opinion on Remand; Breach of Settlement Agreement Between Subcontractor and Procuring Activity; Experience Requirements; Single Manufacturer Requirement; Manufacturing Certification; Lost Profits; Collateral Contract; Effect of Mere Allegations or Denials on Summary Judgment Signed by Judge Baskir.

06-707L • RICHARD CARY, et al., v. THE UNITED STATES

Filed 11/01/2007
Fifth Amendment Takings —The Forest Service's fire suppression policies cannot support a claim for inverse condemnation when the damage complained of was the result of a fire caused by an individual not acting as the government's agent. Signed by Judge Wiese.

07-155C • GEO-SEIS HELICOPTERS, INC., v. THE UNITED STATES, and PRESIDENTIAL AIRWAYS, INC.,

Filed 10/31/2007
Post-award bid protest; attorneys' fees; Equal Access to Justice Act, 28 U.S.C. § 2412(d); bid preparation and proposal costs; 28 U.S.C. § 1491(b)(2) Signed by Judge Lettow.

07-581C • AEOLUS SYSTEMS, LLC v. THE UNITED STATES and GLOBAL SOLUTIONS NETWORK. INC., Intervenor-Defendant

Filed 10/31/2007
Pre-Award Bid Protest; Small Business Administration Qualification of Historically Underutilized Business Zone Small Business Concerns; Definition of the Term "Employee" in 13 C.F.R. § 126.103 (2007); Deference to Agency Interpretation of Regulation. Signed by Judge Bush.

06-617T • HARRIET A. and RONALD B. DUDA v. THE UNITED STATES

Filed 10/31/2007
Informal Claim Doctrine; Jurisdiction; Pro Se; Tax Refund; 26 U.S.C. § § 6511(a), 6532(a), 7422(a); 28 U.S.C. § 1346(a)(1); 26 C.F.R. § 301.6402-3(a)(1); RCFC 12(b)(1), (e). Signed by Judge Braden.

99-279C • MORSE DIESEL INTERNATIONAL, INC. d/b/a AMEC CONSTRUCTION MANAGEMENT, INC. v. THE UNITED STATES

Filed 10/31/2007
Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Contract Disputes Act, 41 U.S.C § 609(a); Debt Collection Improvement Act Pub. Law 104-134 (1999); Due Process Clause, U.S. Const. amend. V.; Excessive Fines Clause, U.S. Const. amend. VIII.; False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2); Partial Summary Judgment, RCFC 56(b), (c); Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

02-1031L • NORTHWEST LOUISIANA FISH & GAME PRESERVE COMMISSION, v. THE UNITED STATES

Filed 10/31/2007
Motion for Judgment on the Pleadings; RCFC 12(c); No Jurisdiction Over Claims Sounding in Tort; Fifth Amendment Takings Claim; Standing; Navigational Servitude Signed by Judge Firestone.

07-243C • THE RAVENS GROUP, INC., v. THE UNITED STATES and ROWE CONTRACTING SERVICES, INC.,Intervenor

Filed 10/31/2007
Rule 11; sanctions; bid protest; pleadings; administrative record; 28 U.S.C. § 1491; withdrawal of claims; factual allegations; legal arguments; evidentiary support; frivolous legal theories Signed by Judge Baskir.

05-1205C • NELSON CONSTRUCTION COMPANY, and DONALD J. NELSON, v. THE UNITED STATES

Filed 10/29/2007
Government Contract; Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6); Sovereign Immunity; Equitable Subrogation; Assignment; Wrongful Payment; Suretyship; Indemnitor; Subcontractor; Third-Party Beneficiary Signed by Judge Sweeney.

00-228C • ROBERT O. MUDGE, v. THE UNITED STATES

Filed 10/26/2007
Motion for relief from judgment; RCFC 60(b)(3), (6); allegations of misrepresentations; timeliness; independent action for relief from judgment; effect of prior de novo examination Signed by Judge Lettow.

5-1342C • INFORMATION SCIENCES CORP., Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC., Intervenor-Plaintiff, v. THE UNITED STATES

Filed 10/25/2007
INFORMATION SCIENCES CORP., Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Intervenor-Plaintiff, v. THE UNITED STATES Adequate Documentation; Apportionment; Eligible Party; Equal Access to Justice Act, 28 U.S.C. § 2412; Expert Witness Fees; Miscellaneous Expenses; Overtime Expenses; Paralegal Expenses; Special Circumstances Exception; Substantial Justification; 48 C.F.R. § 15.306(c); 48 C.F.R. § 15.308 Signed by Judge Braden.

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