USCFC General Jurisdiction-Reported

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03-178L • BENCHMARK RESOURCES CORPORATION, and SUNRISE HOLDING, INC., a Delaware Corporation, v. UNITED STATES OF AMERICA

Filed 11/22/2006

BENCHMARK RESOURCES CORPORATION, a Colorado Corporation; GENTRY CORPORATION, a Colorado Corporation; and SUNRISE HOLDING, INC., a Delaware Corporation,   v. UNITED STATES OF AMERICA   (03-178L)
       

Takings; motion to dismiss; motion for summary judgment; statute of limitations; regulatory requirement for notice; ripeness; compensable property interest under the Fifth Amendment

Signed by Judge Miller, C..

02-584C and 03-1548C • TRAVELERS CASUALTY AND SURETY OF AMERICA, v. UNITED STATES OF AMERICA

Filed 11/22/2006
Contract Disputes Act; Spearin implied warranty doctrine; patent and latent ambiguities; duty to inquire; constructive change; equitable adjustment; judgment after trial Signed by Judge Wolski.

01-73C • SAN JUAN CITY COLLEGE, INC., et al., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Cross-Motions for Summary Judgment; Closure of Educational Institution; Expiration of Program Participation Agreement; Breach of Contract Signed by Judge Horn.

06-742C • EMERALD COAST FINEST PRODUCE CO.INC., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Bid Protest; Motion to Intervene Signed by Judge Hewitt.

06-360C • 210 EARLL, L.L.C., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Post-Award Bid Protest;
Interested Party; Public Buildings Act, 40 U.S.C. § 3301 et seq.; Prospectus Threshold; Judgment on the Administrative Record; Agency Discretion; Rational Basis; Agency's Lack of Contemporaneous Documentation of Decision;
Requirements of Unsworn Declaration; Agency Failure to Follow Solicitation for Offers Signed by Judge Baskir.

06-583C • ANDRE JOEL HOWARD, v. UNITED STATES OF AMERICA

Filed 11/20/2006
Pro Se Plaintiff; Application to Proceed in Forma Pauperis; Motion for Summary Dismissal;
RCFC 12(b)(1) Signed by Judge Hewitt.

05-755C • GALEN MEDICAL ASSOCIATES, INC.,v. UNITED STATES OF AMERICA

Filed 11/20/2006
Post-award bid protest; interested party; prejudice; standing; administratively-dissolved corporation; reinstatement of corporate status after contract award and after filing suit; negotiated "best value" procurement; and discussions; clarifications; agency action not arbitrary or capricious. Signed by Judge Merow.

06-471C • DATA MONITOR SYSTEMS, INC., v. UNITED STATES OF AMERICA

Filed 11/20/2006
Bid Protest: This court does not have jurisdiction under 28 U.S.C. § 1491(b) to enjoin the termination of a contract,
and will not enjoin a resolicitation where the protestor has failed to point to any violation of a specific statute or
regulation and has failed to demonstrate that the agency's decision to resolicit was arbitrary Signed by Judge Wiese.

05-1333C • MAJOR WILMA P. WEBSTER, v. UNITED STATES OF AMERICA

Filed 11/20/2006
Military pay; motion to dismiss; jurisdiction; Additional Special Pay, 37 U.S.C. § 302 (2000); motion to amend; RCFC 15(a);futility; jurisdiction under the Administrative Procedures Act, 5 U.S.C. § 704 (2000); motion to   dismiss for failure to state a claim; takings jurisprudence Signed by Judge Miller, C..

06-314C • CARL W. LANDERS, v. UNITED STATES OF AMERICA

Filed 11/20/2006
Settlement Agreement; Breach of Contract; Motion to Dismiss; Jurisdiction; Statute of Limitations;
Review of Board of Veterans Appeals decisions Signed by Judge Horn.

04-1757C • PARK PROPERTIES ASSOCS., L.P, VALETINE PROPERTIES ASSOCS., L.P., ST. JOHN'S I ASSOCIATES, L.P., v. UNITED STATES OF AMERICA

Filed 11/17/2006

PARK PROPERTIES ASSOCS., L.P, VALETINE PROPERTIES ASSOCS., L.P., ST. JOHN'S I ASSOCIATES, L.P., v. UNITED STATES OF AMERICA (04-1757C)

Motion to dismiss; Summary judgment; Breach of contract; HUD Section 8 housing program - HAP contracts; Statute of limitations; Continuing claim doctrine; Brown Park Estates and Hatter; Nonmutual offense collateral estoppel inapplicable against the United States; Mendoza; 1994 amendments to Housing Act of 1937; HUD Directive 95-12; Cuyahoga; Repudiation of HAP contracts; Unmistakability doctrine inapplicable; Breach; One-percent rule of 42 U.S.C. § 1437f(c)(2)(A).

Signed by Judge Allegra.

99-690C • NATIONAL AUSTRALIA BANK v. UNITED STATES OF AMERICA

Filed 11/17/2006
Motion for Partial Judgment on Remand; Winstar tax benefits case; Standard for partial judgment under 28 U.S.C. § 2517(b) versus RCFC 54(b). Signed by Judge Bruggink.

06-517C & 06-523C • TEXTRON,INC., v. UNITED STATES OF AMERICA

Filed 11/17/2006
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); judgment on the administrative record; reasonableness of agency action; injunctive relief; best value procurement; standing; prejudice; prejudice on the merits. Signed by Judge Miller, C..

95-524C • HOMER J. HOLLAND, HOWARD R. ROSS, AND FIRST BANK v. UNITED STATES OF AMERICA

Filed 11/17/2006
Winstar; FIRREA; breach of contract; waiver or abandonment of affirmative defense asserted in answer; FHLBB resolution; forbearance letter; assistance agreement; settlement agreement; accord and satisfaction; competent parties; FSLIC Resolution Fund (FRF); FDIC as manager of the FRF; executory promise; forbearance promise; extrinsic evidence; regulatory capital; express contract; implied-in-fact contract. Signed by Judge Miller, G..

05-381L • ARKANSAS GAME AND FISH COMMISSION, v. UNITED STATES OF AMERICA

Filed 11/16/2006
Motion to compel; RCFC 37(a); entry upon land for testing and sampling; fact discovery; piezometers; RCFC 34(a)(2); scope of discovery; protective conditions for entry upon land; RCFC 26(b) Signed by Judge Lettow.

05-183C • KAEPER MACHINE, INCORPORATED, v. UNITED STATES OF AMERICA

Filed 11/16/2006
Purchase Order; 48 C.F.R. § 13.302-4; 48 C.F.R. § 52.213-4(f); Equitable Estoppel; Substantial Performance Signed by Judge Firestone.

04-1223L • CLAYTA FORSGREN, et al., v. UNITED STATES OF AMERICA

Filed 11/15/2006
Motion for Reconsideration, RCFC 59; 28 U.S.C. § 1500; Subject Matter Jurisdiction; Dismissal Without Prejudice;
Statute of Limitations Signed by Judge Sweeney.

05-0525T • USA CHOICE INTERNET SERVICE, LLC, v. UNITED STATES OF AMERICA

Filed 11/15/2006
Post-trial decision on tax refund claim; applicability of communications excise tax to an internet service provider; 26 U.S.C. § 4251; local telephone service; private communication service; 26 U.S.C. § 4252; "substantial variance" rule; 26 U.S.C. § 7422(a) Signed by Judge Lettow.

06-569C • STANLEY BAKER v. UNITED STATES OF AMERICA

Filed 11/13/2006
Motion to Dismiss; Pro Se Standard RCFC 12(a) and   (b);28 U.S.C. § 1491 Signed by Judge Smith.

06-571C • OTI AMERICA, INC., v. UNITED STATES OF AMERICA

Filed 11/08/2006
Deselection bid protest; cross-motions for judgment upon the administrative record; multiple-award contracts with the Government Printing Office for development of devices and materials for electronic passports, preparation and testing of prototypical materials for use in electronic passports, and production of such materials; application of the technical testing criteria for materials to be used with electronic passports Signed by Judge Lettow.

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