USCFC General Jurisdiction-Reported

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04-473C • M. G. CONSTRUCTION, INC., v. THE UNITED STATES

Filed 08/04/2005
Summary Judgment; Contract Interpretation; Ambiguity; Duty to Inquire Signed by Judge Horn.

04-750C • STEPHEN CARROLL, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Tucker Act; Back Pay Act; "Money-mandating" statute; Dismissal for lack of jurisdiction; "NAFI" doctrine Signed by Judge Bruggink.

01-495C • KENT CHRISTOFFERSON, ET. AL, v. THE UNITED STATES

Filed 07/29/2005
Civilian Pay; Overtime Pay; Fair Labor Standards Act; Executive Exemption Signed by Judge Bruggink.

00-776T • ANDREW M. D'AVANZO, and LINDA J. D'AVANZO, v. THE UNITED STATES

Filed 07/29/2005
Tax refund suit; passive activity losses; real estate professional; material participation; 26 U.S.C. § 469(c); substantiation; Treas. Reg. § 1.274-5T; Form 1040, Schedules A and E; miscellaneous deductions Signed by Judge Miller, G..

02-70C • THE FEDERAL GROUP, INC., v. THE UNITED STATES

Filed 07/29/2005
Government contract case; Contract Disputes Act; summary judgment; non-appropriated fund instrumentality ("NAFI"); contract for procurement of real property; "real property in being;" requirements contract; negligent estimates; superior knowledge;   misrepresentation; agreement to aggressively market; interference; mitigation of damages Signed by Judge Merow.

99-447C & 03-2626C • BOSTON EDISON COMPANY, & ENTERGY NUCLEAR GENERATION CO., v. THE UNITED STATES

Filed 07/29/2005
Spent nuclear fuel cases; consolidation for a limited purpose; RCFC 42(a) Signed by Judge Lettow.

04-1236C • ERNEST C. ALDRIDGE, v. THE UNITED STATES

Filed 07/29/2005
Collateral Estoppel;
Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Jurisdiction; Motion to Dismiss, RCFC 12(b)(1);
Pro se; RESTATEMENT (SECOND) OF JUDGMENTS § 27; RESTATEMENT OF TORTS § 652A(1); Sanctions, RCFC 11;
Transfer, 28 U.S.C. § 1631;
Tucker Act, 28 U.S.C. § 1491(a)(1) Signed by Judge Braden.

04-1394C • GONZALO GARCIA CARRANZA, v. THE UNITED STATES

Filed 07/29/2005
Dismissal With Prejudice;
Jurisdiction; Pro se;
Res Judicata; 28 U.S.C. § § 1254, 1291, 1355; FED. R. CRIM. P. 41 (e), (g);
RCFC 12(b)(1) Signed by Judge Braden.

04-1113C • DIE CASTERS INTERNATIONAL, INC., v. THE UNITED STATES

Filed 07/29/2005
Equitable Distribution; Summary Judgment;
FAR § 31.201-2 (Allowable Costs), 48 C.F.R. § 31.201-2; FAR § 52.202-1 (Definitions), 48 C.F.R. § 52.202-1; FAR § 52.232-20 (Limitation of Cost),
48 C.F.R. § 52.232-20;
FAR § 52.245-5 (Cost-Reimbursement,
Time-and-Material, or Labor-Hour Contracts), 48 C.F.R. § 52.245-5; FAR § 52.249-6 (Termination Cost-
Reimbursement), 48 C.F.R. § 52.249-6; RCFC 56(c) Signed by Judge Braden.

03-2796C • EVELYN L. LEWIS, v. THE UNITED STATES

Filed 07/29/2005
Board of Correction of Naval Records; Judgment on the Administrative Record;
Jurisdiction; Justiciability;
Motion to Dismiss;
Strom Thurmond National Defense Authorization Act For Fiscal Year 1999,
10 U.S.C. § 1094(a)(1);
SECNAVINST 1120.12A, 1420.1A; RCFC 12(b)(1);
RCFC 56.1 Signed by Judge Braden.

03-2642C • SYSTEM FUELS INC., on its own behalf and as agent for SYSTEM ENERGY RESOURCES INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIAT

Filed 07/29/2005

SYSTEM FUELS INC., on its own behalf and as agent for SYSTEM ENERGY RESOURCES INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION, v. THE UNITED STATES

(03-2642C)

Implied Covenant of Good Faith and Fair Dealing; Liability for Breach of Contract; Nuclear Waste Policy Act, 42 U.S.C. § 10101 et seq.; Repudiation;
RESTATEMENT (SECOND) OF CONTRACTS § § 235(2), 243(2)(3), 250 cmt. a, 257, 257 cmt. a, 350; Spent Nuclear Fuel; Standing;
Summary Judgment; RCFC 56(c)

Signed by Judge Braden.

00-542C • SOUTHERN COMFORT BUILDERS, INC., v. THE UNITED STATES

Filed 07/29/2005

Construction Contract; National Aeronautics and Space Administration; Differing Site Conditions; Defective Specifications; Loss of Productivity; Prompt Payment Act

Signed by Judge Horn.

04-1481C • BILL FRAZIER AND KATHY FRAZIER, d/b/a YACHT BASIN MARINA, v. THE UNITED STATES

Filed 07/28/2005
Motion to dismiss for failure to state a claim; breach of contract; anticipatory repudiation; concession contracts; Contract Disputes Act Signed by Judge Wolski.

02-306C • RENDA MARINE, INC., v. THE UNITED STATES

Filed 07/28/2005
Trial; Contract for Hydraulic Dredging and Hydraulic and Mechanical Levee Construction; Type I Differing Site Conditions Signed by Judge Hewitt.

98-934L • SARAH ILLIG and GALE ILLIG, for themselves, and as representatives of a class of similarly represented persons, v. THE UNITED ST

Filed 07/27/2005

SARAH ILLIG and GALE ILLIG, for themselves, and as representatives of a class of similarly represented persons, v. THE UNITED STATES

(98-934L)

Takings; Rails-to-Trails;
Statute of Limitations

Signed by Judge Bruggink.

99-754C • NORMA C. SULLIVAN and DONALD E. SULLIVAN, v. THE UNITED STATES

Filed 07/22/2005
Rule 56 Summary Judgment; Third Party Beneficiary; Breach of Contract Signed by Judge Smith.

04-448C • NORBERT BASIL MacLEAN III, v. THE UNITED STATES

Filed 07/22/2005
Statute of Limitations;
28 U.S.C. § 2501; Equitable Tolling; Military Pay Act;
37 U.S.C. § 204; Court-Martial; Exhaustion of Administrative Remedies;
Writ of Error Coram Nobis Signed by Judge Williams.

04-1130C • REED ISLAND-MLC, INC., v. THE UNITED STATES

Filed 07/22/2005
Fifth Amendment; temporary taking; motion for judgment on the pleadings; RCFC 12(c); statute of limitations;
28 U.S.C. § 2501; accrual of a temporary takings claim Signed by Judge Lettow.

04-1074C • JAMES W. DRISCOLL, v. THE UNITED STATES

Filed 07/22/2005
Motion to dismiss; military   pay; failure to promote; lack of subject matter jurisdiction;
failure to state a claim; 10 U.S.C. § 1552; money-mandating statute; Tucker Act, 28 U.S.C. § 1491; Military Pay Act, 37 U.S.C. § 204; justiciability Signed by Judge Damich.

03-25C • KENNETH JAMES CARLISLE, JR., v. THE UNITED STATES

Filed 07/22/2005
Military pay case; Motion for judgment on the administrative record contrasted with motion for summary judgment; Bannum applied; Accrued leave pay; Mootness; Section 112 of the Internal Revenue Code of 1986 - compensation for active service in combat zone; Jurisdiction to resolve separation pay issue involving disability payments; Court of Veterans Appeals;
Special duty assignment pay under 37 U.S.C. § 307; Groves construed Signed by Judge Allegra.

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