USCFC General Jurisdiction-Reported

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99-550L consolidated with 00-169L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. UNITED STATES OF AMERICA

Filed 10/27/2005
Indian Trust Claim; Motion to Dismiss for Lack of Jurisdiction; Whether "An act for the division of the lands and funds of the Osage Indians in Oklahoma Territory" (1906 Act) Mandated the Collection by the Government of Royalty Payments and Related Late Fees in the   Circumstances of this Case; Whether the Government Failed to Invest Tribal Funds in the Manner Required by 25 U.S.C. § § 161a, 161b, and 162a Signed by Judge Hewitt.

96-237L consolidated with 00-513L • CANE TENNESSEE, INC., v. THE UNITED STATES

Filed 10/27/2005
Trial; Regulatory Taking Claim; Penn Central Economic Impact Factor; Market Value of Property Signed by Judge Hewitt.

05-1076C • SYSTEMS PLUS, INC., v. THE UNITED STATES

Filed 10/27/2005
Post-Award bid protest;
Stay of performance under 31 U.S.C. § 3553 pending GAO review Signed by Judge Bruggink.

00-521C • MARCO ZACCARDELLI, et al., v. THE UNITED STATES

Filed 10/27/2005
Jurisdiction; RCFC Rule 12(b)(1); Collective Bargaining Agreement ("CBA"); Civil Service Reform Act of 1978 ("CRSA"); Non-Appropriated Fund Instrumentalities ("NAFI") Signed by Judge Firestone.

00-222C • MICHELLE BEHM, ET AL., v. THE UNITED STATES

Filed 10/24/2005
Equal Pay Act; summary judgment; "factor other than sex" defense; rational basis review; gender-neutral pay plan; Federal Aviation Administration Signed by Judge Wolski.

01-634C • ORLOSKY, INC., v. THE UNITED STATES

Filed 10/24/2005
Contracts; breach of warranty re:defective specifications; breach of duty of good faith and fair dealing; Eichleay damages; actual cost, total cost, and jury verdict approach to damages; weight accorded to audits by the Defense
Contract Audit Agency Signed by Judge Miller, C..

05-1111C • GALEN RENEE BEACH, VICKIE LYNN BEACH, et al., v. THE UNITED STATES

Filed 10/24/2005
Jurisdiction; Due Process Claims; Money Mandating Statute Signed by Judge Horn.

01-56C • JOHN W. BULL, ET AL., v. THE UNITED STATES

Filed 10/21/2005
Fair Labor Standards Act, 29 U.S.C. § § 201-219 (2000);
Trial; Damages; Order for Entry of Judgment under Rule 54(b) Signed by Judge Hewitt.

03-2800C • WHITE & CASE LLP, v. THE UNITED STATES - ERRATA -

Filed 10/20/2005
19 U.S.C. § 1619; informant's award; moiety;
ripeness; exhaustion of administrative remedies; stay of proceedings Signed by Judge Wolski.

95-518C • FIRST FEDERAL LINCOLN BANK, v. THE UNITED STATES

Filed 10/20/2005
Winstar case; motion for reconsideration; no change in controlling law; government acceptance under Winstar Signed by Judge Margolis.

05-1027C • KOLA NUT TRAVEL, INC. , MANASSAS TRAVEL INC., and KNOWLEDGE CONNECTIONS TRAVEL INC., v. THE UNITED STATES

Filed 10/19/2005
Preliminary Injunctive Relief;
Likelihood of Success on the Merits; Post-Award Bid Protest Signed by Judge Smith.

04-1524C • LEONARD E. CASSELLA, v. THE UNITED STATES

Filed 10/19/2005
Public Safety Officer's Benefit Act, 42 U.S.C. § 3796; definition of "law enforcement officer" and "in the line of duty" Signed by Judge Futey.

02-879T • FLEETBOSTON FINANCIAL CORPORATION, v. THE UNITED STATES

Filed 10/19/2005
Tax refund suit; Cross-motions for summary judgment; Credit elect under section 6402(b) of the Code; Interest on subsequently-determined deficiency;
Net operating losses; Time credit-elect is considered payment under sections 6402(b) and 6513(d) of the Code; "Use of money" concept; Seeley and Koppers; Avon Products; May Department Stores; Marsh & McLellan; Recovery denied Signed by Judge Allegra.

02-1134C • CARABETTA ENTERPRISES, INC., et al.,v. THE UNITED STATES

Filed 10/19/2005
Low-Income Housing; ELIHPA; LIHPRHA; Section 236 Program; National Housing Act; Post-Breach Evidence; Expectancy Damages; Tax Gross-Up; Repayment Agreement; Preservation Letter;
Mitigation; Use Agreements Signed by Judge Hodges.

92-580C • SPARTON CORPORATION, v. THE UNITED STATES

Filed 10/19/2005
Claim construction; means plus function claim limitations; 35 U.S.C. § 112, paragraph 6; sonobuoy deployment system Signed by Judge Damich.

0-56C • JOHN W. BULL, ET AL., v. THE UNITED STATES (0

Filed 10/14/2005
Motion to Clarify Decision [of September 27, 2005 Opinion and Order]: Whether an Individual Representative FLSA Plaintiff is Entitled to an Award of Reasonable Compensation When His Individual Claim Involves Less Time Than the
Reasonable Time on Which the Award of Reasonable Compensation is Based Signed by Judge Hewitt.

05-711C • ASIA PACIFIC AIRLINES, v. THE UNITED STATES

Filed 10/14/2005
Pre-award bid protest; motion for judgment upon the administrative record; U. S. Postal Service's solicitation of offers for inter-island carriage of mail in Hawaii;
equitable relief Signed by Judge Lettow.

05-866C • TRANSATLANTIC LINES LLC, v. THE UNITED STATES

Filed 10/13/2005
Post-Award Bid Protest; Injunctive Relief;   Prejudicial Error in the Procurement Process; Administrative Dispute Resolution Act of 1996; Standing; "Interested Party"; "Zone of Active Consideration"; Small Business Set-Aside
Contract; 15 U.S.C. § 644(o); 13 C.F.R. § 125.6(a);   Limitations on Subcontracting Clause; FAR § 52.219-14; AO Timeliness Rule; 4 C.F.R. § 21.2(a)(1) Signed by Judge Hodges.

05-867C • GROUP SEVEN ASSOCIATES, LLC, v. THE UNITED STATES

Filed 10/13/2005
Post-Award bid protest;
28 U.S.C. §1491(b)(1);
Jurisdiction to reviewtask order awards;
Alternate proposals Signed by Judge Bruggink.

05-731C • ARGENCORD MACH. & EQUIP., INC., v. THE UNITED STATES

Filed 10/07/2005
Post-award Bid Protest;
FAR 15.208; FAR 15.206(e);
Late Proposal; Amendment of Solicitation; Cancellation of Solicitation; Permanent Injunction Signed by Judge Williams.

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