USCFC General Jurisdiction-Reported

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04-1052C • M.A. DeATLEY CONSTRUCTION, INC.,v. UNITED STATES OF AMERICA

Filed 06/21/2006
Motion to dismiss under RCFC 12(b)(6); Notice pleading under RCFC 8; Breach of contract; Defective Specifications; Differing Site Conditions; Constructive Change; Economic Waste Doctrine; Attorneys' Fees under the EAJA Signed by Judge Damich.

05-1218C • REBECCA RYAN d/b/a FLYAWAY FARM AND KENNELS, v. UNITED STATES OF AMERICA

Filed 06/20/2006
Bid Protest; Motion to Dismiss for Mootness; Whether Issues Concerning an Equal Access to Justice Act (EAJA) Application Are Ripe for Judicial Decision Before the EAJA Application Has Been Filed; Whether the Court Must Direct a Party to File an EAJA Application Signed by Judge Hewitt.

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

Filed 06/20/2006
Motion for Reconsideration of Order on Motion to Compel Documents Withheld Under the Deliberative Process Privilege; RCFC 59; RCFC 37(a)(2); Scope of Privilege; Procedural Requirements for Invocation of the Privilege; Failure to Meet Procedural Requirements for Invocation of Privilege; Cure of Failure by Provision to Court of Deliberative Process Documents and Affidavits for In Camera Review; Balance of Asserted Harm from Disclosure Against Need for Discovery Signed by Judge Hewitt.

05-1042C • THE DALLES IRRIGATION DISTRICT, v. UNITED STATES OF AMERICA

Filed 06/19/2006
Alleged breach of contract; charges for hydroelectric power from The Dalles Dam; motion to dismiss; statute
of limitations; 28 U.S.C. § 2501; continuing claim doctrine Signed by Judge Lettow.

04-1780C • WAYNE M. PARKER, v. UNITED STATES OF AMERICA

Filed 06/16/2006
Military Pay Act, Department of Defense Financial Management Regulations, 10 U.S.C. § 875(a), back pay for forfeiture of pay and allowances pursuant to a disapproved sentence, expiration of term of service during confinement later set aside, Chapter 10 administrative discharge in lieu of trial by court-martial, sentence of no punishment Signed by Judge Baskir.

05-296T • GRAPEVINE IMPORTS, LTD, and T-TECH, INC., as Tax Matters Partner, v. UNITED STATES OF AMERICA

Filed 06/14/2006
TEFRA partnership proceeding; Crossmotions for (partial) summary judgment; Interaction of sections 6229(a) and 6501 of the Internal Revenue Code; AD Global holding adopted; Plain meaning rule -section 6229(a) is an alternative minimum period of limitations; Crnkovich, Rhone-Poulenc and Andantech examined; Reliance on headings prohibited - section 7806(b) of the Code; Analogous provisions examined; "Subsequent" legislative history; Interaction problems rejected; Canons of construction; Relationship of sections 6229(d) and 6501;
Section 6229(c)(2) and 6501(e)(1)(A); Colony, Inc.; Evidentiary hearing Signed by Judge Allegra.

97-21C • CHEMICAL SEPARATION TECHNOLOGY, INC., et al., v. UNITED STATES OF AMERICA

Filed 06/14/2006
Trial; Patent infringement case; Acid mine drainage treatment; Literal infringement; Doctrine of equivalents; Portable interim treatment system; Absence of licensing requirement; Integration clause; Modification of purchased item not infringement; Unilateral intention of patentee not controlling; Key elements of patent claims missing in other water treatment facilities; Infringement not demonstrated Signed by Judge Allegra.

05-736C • AEROPLATE CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/14/2006
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); unclean hands Signed by Judge Miller, C..

06-75C • LOWRY ECONOMIC REDEVELOPMENT AUTHORITY, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Motion for Joinder (RCFC 19(a));Motion for Consolidation (RCFC 40.2); Necessary Party; Complete Relief; Inconsistent Obligations;
Judicial Economy Signed by Judge Wheeler.

04-149C • PADRAIG TARRANT, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Claims for mishandling property located at a facility subject to a removal action conducted by the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § § 9601-9675; tort claims; jurisdiction under the Tucker Act, 28 U.S.C. § 1491; transfer; 28 U.S.C. § 1631 Signed by Judge Lettow.

05-990C • JEFFREY D. COTTRELL, v. UNITED STATES OF AMERICA

Filed 06/13/2006
Conservation Reserve Program; Statute of limitations under 28 U.S.C. § 2501; Production Flexibility Contract; Failure to exhaust administrative appeals under 7 U.S.C. § 6912(e) and 7 C.F.R. § 11.13(b) goes to the sufficiency of the claim asserted Signed by Judge Damich.

04-0119C & 05-532C • FAYE ZHENGXING, v. UNITED STATES OF AMERICA

Filed 06/09/2006
Jurisdiction; Contract Disputes Act; 41 U.S.C. § 601 et. seq.; Blanket Purchase Agreement; Purchase Order Vendor Signed by Judge Williams.

90-878C • ALFRED D. HUGHES and EL PASO HOLDING CORPORATION, v. UNITED STATES OF AMERICA

Filed 06/09/2006
Winstar-related case; trial on damages; return of required contributions; Financial Institution Reform, Recovery, and Enforcement Act;
material, substantial and total breach; offsets; tax gross-up; assumption of risk of regulatory change Signed by Judge Merow.

05-909C • CARL L. SEALEY, and RONALD W. BARR, v. UNITED STATES OF AMERICA

Filed 06/08/2006
Military Incentive Awards Program, 10 U.S.C. § 1124; Failure to Allege a Money-Mandating Claim; Quantum
Meruit Signed by Judge Firestone.

05-330C • CHAPMAN LAW FIRM CO., v. UNITED STATES OF AMERICA

Filed 06/07/2006
Bid Protest; Proposed Agency Corrective Action; Need For Competition in Reopening Negotiations; Effect of SBA Office of Hearings & Appeals Decision Reinstating Offeror As Eligible Small Business Signed by Judge Wheeler.

98-815C • ATWOOD-LEISMAN, et al., v. UNITED STATES OF AMERICA

Filed 06/05/2006
Rural housing contracts administered by the Farmer's Home Administration; prepayment rights; restriction of those
rights by the Emergency Low Income Housing Preservation Act of 1987 and the Housing and Community Development Act of 1992; breach of contract Signed by Judge Lettow.

05-528C • TELENOR SATELLITE SERVICES, INC., v. UNITED STATES OF AMERICA

Filed 06/02/2006
Bailment contract, Government employees' express and implied contracting authority, contract ratification, duties of various State Department officials Signed by Judge Baskir.

05-751C • CINCINNATI INSURANCE COMPANY, v. UNITED STATES OF AMERICA

Filed 06/02/2006
Equitable Subrogation; Payment Bond Surety; Summary Judgment Signed by Judge Firestone.

05-591C • CENTERS, v. UNITED STATES OF AMERICA

Filed 06/01/2006
Breach of contract; assignment of claims; Anti-Assignment Act; privity of contract Signed by Judge Baskir.

04-1454C • DAVID P. BAIRD, v. UNITED STATES OF AMERICA

Filed 06/01/2006
Military Pay, Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); 28 U.S.C. § 1491; Pro se Plaintiff; Equitable Relief; Remand to Board for Correction of Military Records for the U.S. Coast Guard Signed by Judge Wheeler.

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