USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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98-169C • HAMILTON SECURITIES ADVISORY SERVICES, INC. v. THE UNITED STATES

Filed 06/14/2004
Ambiguity; Contract Interpretation; Integration Clause; Motion For Reconsideration; Parol Evidence; Plain Meaning; RCFC 7.1(c); RCFC 59(a)(1) Signed by Judge Braden.

01-571C • TEXAS STATE BANK (successor by merger to COMMUNITY BANK & TRUST),v. THE UNITED STATES - ERRATA

Filed 06/10/2004
Jurisdiction; Non-appropriated funds instrumentality; Federal Reserve System; Takings; Sovereign immunity; Illegal exaction Signed by Judge Futey.

04-936C • ALTOS FEDERAL GROUP, INC. v. THE UNITED STATES & INTELISTAF HEALTHCARE, INC., Intervenor

Filed 06/10/2004
Bid protest; Declaratory relief; Override of automatic stay under 31 U.S.C. § 3553(d)(3)(C); Best interests of the government; Rational basis Signed by Judge Futey.

01-713C • MEXICAN INTERMODAL EQUIPMENT, S.A. de C.V., v. THE UNITED STATES

Filed 06/10/2004
Motion to Dismiss; Motion for Summary Judgment; Reciprocity to Sue for Foreign Plaintiffs; Waiver; Laches Signed by Judge Horn.

03-2231C • ENGINEERED DEMOLITION, INC., v. THE UNITED STATES

Filed 06/09/2004
Breach of contract; motion to dismiss; Rule 12(b)(1); subject matter jurisdiction; Contract Disputes Act; certification requirement set out in 41 U.S.C. § 605(c)(1) and (6); Chevron deference; Adams Fruit exception; overbreadth and partial invalidity of FAR [48 C.F.R.] § 33.201; separate claims versus a single, fragmented claim Signed by Judge Lettow.

01-571C • TEXAS STATE BANK (successor by merger to COMMUNITY BANK & TRUST),v. THE UNITED STATES

Filed 06/08/2004
Jurisdiction; Non-appropriated funds instrumentality; Federal Reserve System; Takings; Sovereign immunity; Illegal exaction Signed by Judge Futey.

03-1752C • BANNUM, INC., v. THE UNITED STATES DISMAS CHARITIES, INC., Defendant-Intervenor

Filed 06/08/2004
Contracts; post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); injunctive relief; evidentiary standard for injunctive relief; record review; challenge to Contractor Evaluation Forms; 48 C.F.R. (FAR) § § 15.306, 15.308, 42.1503, 2842.1503 (2003); jurisdiction to challenge terms of solicitation; laches Signed by Judge Miller, C..

03-1863C • GARY THOMAS DETHLEFS v. THE UNITED STATES

Filed 06/08/2004
Contracts; breach of contract in criminal proceedings; due process violation; unjust conviction statute, 28 U.S.C. § § 1495, 2513; aliens' privilege to sue statute, 28 U.S.C. § 2502 Signed by Judge Yock.

03-2083C • MISSISSIPPI DEPARTMENT OF REHABILITATION SERVICES v. THE UNITED STATES

Filed 06/04/2004
Bid protest; Pre-award; Randolph-Sheppard Act, 20 U.S.C. 107-107f; "Operation" of a cafeteria; Discrete services; Statutory interpretation; CO deference; Chevron deference; Laches; Injunctive relief Signed by Judge Baskir.

95-525C • COAST-TO-COAST FINANCIAL CORPORATION v. THE UNITED STATES

Filed 06/01/2004
Guarini legislation; FIRREA; Breach of contract; Damages; Restitution Signed by Judge Bruggink.

96-237L Consolidated 00-513L & 02-945L • CANE TENNESSEE INC., & COLTEN INC., v. THE UNITED STATES

Filed 05/28/2004
Summary Judgment; Permanent Taking; Surface Mining Control and Reclamation Act, 30 U.S.C. § § 1201- 1328 (2000); Property Interest or Right Subject to Taking; Parcel as a Whole Signed by Judge Hewitt.

99-172C • GENERAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 05/27/2004
Contract Interpretation; Plain Meaning; Pension Costs; CAS 413.50(c)(12) Signed by Judge Firestone.

03-2698C • SAI INDUSTRIES CORP., v. THE UNITED STATES

Filed 05/26/2004
Pre-award bid protest; FAR § 9.207(b) - notice Plaintiff of removal by agency from approved source list; removal of contractor by agency; FAR § 9.205 - agency to spur v. competition by urging potential contractors to seek qualification to compete for restricted contracts; proof of prejudice by protestor in preaward protest Signed by Judge Gibson.

03-465C • MARK DUNNING INDUSTRIES, INC., v. THE UNITED STATES & SI-NOR, Inc., Defendant-Intervenor

Filed 05/26/2004
Bid protest; timely SBA status protest; specificity of protest letter; duty to investigate all HUBZone certifications; prejudice due to agency errors. Signed by Judge Margolis.

97-821L • HENDERSON COUNTY DRAINAGE DISTRICT NO. 3, ET AL., v. THE UNITED STATES

Filed 05/26/2004
Trial; Takings; Excess Seepage; Gravity Drainage; Levee Erosion; Claim Accrual; Statute of Limitations Signed by Judge Hewitt.

03-564C • ALL POWER, INC., v. THE UNITED STATES

Filed 05/25/2004
Contract Disputes Act; 41 U.S.C. § 601 et seq.; Type I and Type II Differing Site Conditions; Contract Interpretation; Summary Judgment Signed by Judge Williams.

04-604C • GARY JACK OGDEN v. THE UNITED STATES

Filed 05/25/2004
Pro se; Constitutional Claims; Tort Claims Signed by Judge Horn.

97-139C • PROCHROMA TECHS., INC. & PROF'L COLOR SYS., INC., v. THE UNITED STATES & SOUTHERN MILLS, INC., and SPRINGS INDUS., INC.,

Filed 05/25/2004
Patent infringement; 28 U.S.C. § 1498; process patent; burden of proof; preponderance of the evidence Signed by Judge Damich.

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