USCFC General Jurisdiction-Reported

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03-2748C • BB PALLETS, INC., v. THE UNITED STATES

Filed 07/08/2005
Court of International Trade; jurisdiction; liquidated damages; HTSUS classifications; Customs Signed by Judge Baskir.

95-88C • GOULD, INC., v. THE UNITED STATES

Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation; Intended Beneficiary of Federal Statute Signed by Judge Baskir.

95-88C • GOULD, INC., v. THE UNITED STATES

Filed 07/08/2005
Department of Defense Authority to Enter into Multiyear Contracts under 10 U.S.C.2306(h)(1); Required Findings; Statutory Violation; Intended Beneficiary of Federal Statute Signed by Judge Baskir.

98-868C • L.P. CONSULTING GROUP, INC. v. THE UNITED STATES

Filed 07/07/2005
Summary judgment; Government contract case; Contract Disputes Act; Indefinite Quantity Contract (IQC); Express contract to perform work order; Waiver; Implied-in-fact contract to perform work order; No implied-in-fact contract where same subject covered by express contract; Implied duty of good faith and fair dealing; Bad faith. Signed by Judge Allegra.

02-1345C • TREK LEASING, INC., a Navajo Nation Corporation, v. THE UNITED STATES

Filed 07/07/2005
Motion for summary judgment; copyright infringement of an architectural work; government building; architectural style Signed by Judge Damich.

02-759C & 03-1287C • FLUOR HANFORD, INC. v. THE UNITED STATES

Filed 07/01/2005
Breach of Contract; Summary Judgment Cost Accounting Standards; Major Fraud Act; Statutory Interpretation; Allowable and Allocable Costs;
Reimbursement of Legal Costs; Qui tam; Clarifying Regulation; 48 C.F.R. § 31.205-47 Signed by Judge Hodges.

03-84T • RONALD H. AND MARTHA M. YOCUM v. THE UNITED STATES

Filed 07/01/2005
Tax refund suit; Summary judgment; Restrictive stock agreement; Golden parachutes; Excess parachute payment provisions of the Deficit Reduction Act of 1984; Definition of parachute payment - 26 U.S.C. § 280G; Excise tax - 26 U.S.C. § 4999; Change in control; Transfer of assets; Legislative history; 1989 proposed regulations; Reliance on proposed regulations; 1989 proposed regulations construed. Signed by Judge Allegra.

04-90C • JOHN DOE, v. THE UNITED STATES

Filed 06/30/2005
Administrative Procedure Act, 5 U.S.C. § § 701, et seq.; Basic Allowance for Housing, 37 U.S.C. § 403;
Basic Allowance for Subsistence, 37 U.S.C. § 402; Fifth and Six Amendments to the United States Constitution;
Medical and Dental Care for Members and Certain Former Members, 10 U.S.C. § 1074; Military Pay Act, 37 U.S.C. § 204;
Pro Se; Tucker Act, 28 U.S.C. § 1491(a)(2);
10 U.S.C. § § 630-36;
10 U.S.C. § 1201(a);
10 U.S.C. § 1214;
10 U.S.C. § 1552(a)(1), (2);
AFI 36-3212 ¶ 3.17;
RCFC 56.1, Review of Decision on the Basis of Administrative Record Signed by Judge Braden.

04-938C & 04-939C • ULYSSES, INC., v. THE UNITED STATES

Filed 06/30/2005
Subject Matter Jurisdiction;
Contract Disputes Act, 41 U.S.C. § § 605, 609; Claim; Contracting Officer's Final Decision Signed by Judge Williams.

92-656C • CITIZENS FEDERAL BANK, v. THE UNITED STATES

Filed 06/30/2005
Winstar, mitigation, causation, foreseeability, reasonable certainty, damages, lost interest tax shield, lost enterprise value, transaction costs Signed by Judge Miller, G..

04-785C • SACRAMENTO GRAZING ASSOCIATION, INC., ET AL., v. THE UNITED STATES

Filed 06/30/2005
Certified Question of Law,
N.M. R. APP. P. 12-607;
Mining Act of 1866,
43 U.S.C. § § 661, et seq.;
Motion to Dismiss;
Takings Clause of The Fifth
Amendment to the United States Constitution;
Tucker Act, 28 U.S.C. § 1491(a)(1); 43 U.S.C. § 1752(g); 42 C.F.R. § 41000.0-5; RCFC 8(e);
RCFC 12(b), (e) Signed by Judge Braden.

97-619T • MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, v. THE UNITED STATES

Filed 06/30/2005
Accrual of Income;
"All Events Test;" Summary Judgment;
26 U.S.C. § § 446(a), (b), (c); 26 U.S.C. § § 801, et seq.; 26 C.F.R. § 1.451-1(a); 26 C.F.R. § 1.446-1(c)(1)(ii);RCFC 56(c) Signed by Judge Braden.

04-553C • ETHEL L. DAVIDSON, v. THE UNITED STATES

Filed 06/30/2005
Motion to dismiss; statute of limitations; lack of subject matter jurisdiction; Survivor Benefit Plan; military pay; continuing claims doctrine; accrual; 28 U.S.C. § 2501;
10 U.S.C. § § 1447-55 Signed by Judge Damich.

04-987C • ANGELA AYRES d/b/a S&A DEVELOPMENT GROUP, pro se, v. THE UNITED STATES

Filed 06/29/2005
Contract Disputes Act, 41 U.S.C. § § 601   et seq.; Federal Tort Claims Act, 28 U.S.C. § § 2671 et seq.; Housing and Urban Development Reform Act, 42 U.S.C. § 3545;
Jurisdiction; Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § § 4821 et seq.; Pro Se; Residential Lead-Based Paint Reduction Act of 1992, 42 U.S.C. § § 4851 et seq.; Toxic Substances Control Act, 15 U.S.C. § § 2601 et seq.; Tucker Act, 28 U.S.C. § 1491(a); 28 U.S.C. § 1346(b); 28 U.S.C. § 1631; RCFC 5.2(a)(1)(A); 5.3(d); 12(b)(1); 12(b)(6); 56(c); 24 C.F.R. § § 35.815, 35.820, 35.830, 35.86; 28 C.F.R. § 14.2(a);
40 C.F.R. § § 35.500, 745.100 Signed by Judge Braden.

01-457C • MIQUEL FIGUEROA v. THE UNITED STATES

Filed 06/28/2005
Illegal exaction; Cross-motions for summary judgment; Intellectual Property Clause,
U.S. CONST. art. I, § 8, cl. 8; Patents; Patent fees; Necessary and Proper Clause; Rational basis standard; Appropriations Signed by Judge Futey.

00-40C • GENERAL MOTORS CORPORATION, v. THE UNITED STATES

Filed 06/28/2005
Segment Closing Adjustment, Cost Accounting Standard ("CAS") 413, 48 C.F.R. § 9904.413; Federal Acquisition Regulation ("FAR") Cost Principle, 48 C.F.R. § 31.205-6(j);
Limitation of Funds and Limitation of Cost Clauses, 48 C.F.R. § 52.232;
Release of Claims, 48 C.F.R. § 52.216-7(b)(2) Signed by Judge Firestone.

00-475C • TECOM, INC., v. THE UNITED STATES

Filed 06/27/2005
Breach of contract; summary judgment;
contract interpretation; implied covenant of good faith and fair dealing; duty to cooperate; duty not to hinder performance;
presumptions of regularity and good faith; standard of proof; effect of Government audit of Contract Disputes Act claim; equitable adjustment for constructive change; wrongful termination Signed by Judge Wolski.

03-1765C • CHARLES VAN CLEAVE, v. THE UNITED STATES

Filed 06/24/2005
Military Pay Case; Request for the Correction of Military Records; Disability Ratings, 38 C.F.R. § 4;
Analogous Ratings, 38 C.F.R. § 4.20; Scope of Voluntary Waiver; Medical Discharge; Physical Examination Board;
Board for the Correction of Naval Records Signed by Judge Hodges.

04-1588T • JOHN P. HUNSAKER v. THE UNITED STATES

Filed 06/23/2005
Anti-Injunction Act, 42 U.S.C. § 7421(a);
Jurisdiction; Motion to Dismiss; Pro se; 26 U.S.C. § § 6011(a), 6012(a), 6072(a), 6213, 6651(a), 6654(a), 7422(a); 28 U.S.C. § § 1346(a)(1), 1491(a)(1); 46 U.S.C. § 741 et seq.; 46 U.S.C. § 781 et seq.;
RCFC 9(h)(6); RCFC 12(b)(1); RCFC 12(b)(6) Signed by Judge Braden.

04-1456C, etc., • CLIFFORD F. SCHROEDER, ET AL., v. THE UNITED STATES

Filed 06/23/2005
Certification to State Supreme Court; Railroad Right-of-Way; Easement versus Fee Simple Signed by Judge Horn.

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