USCFC General Jurisdiction-Reported

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90-3982C • AMERICAN HERITAGE BANCORP v. THE UNITED STATES

Filed 07/23/2004
Winstar-related Case; Motion for Summary Judgment; 28 U.S.C. § 2514; Elements of Special Plea in Fraud; Fraud in the Formation; Imputation of Fraud Signed by Judge Firestone.

04-505C • HUNT BUILDING COMPANY, LTD, v. THE UNITED STATES & ACTUS LEND LEASE, LLC,Intervenor

Filed 07/21/2004
Pre-award Bid Protest; Military Housing Privatization Initiative,10 U.S.C. § § 2870-2885; Subject Matter Jurisdiction; Final Agency Action; Ripeness; Standing; Timeliness; Supplementation of the Administrative Record; Compliance with the Solicitation; Fair and Equal Treatment of Offerors; Permanent Injunctive Relief Signed by Judge Williams.

01-542C • L. W. MATTESON, INC.,v. THE UNITED STATES

Filed 07/20/2004
Summary Judgment; Breach of Contract; Superior Knowledge Doctrine; Cardinal Change; Commercial Impracticability; Mutual Mistake Signed by Judge Block.

04-295C • FEDERAL MANAGEMENT SYSTEMS, INC.,v. THE UNITED STATES

Filed 07/20/2004
Contracts; bid protest; 28 U.S.C. § 1491(b)(2) (2000); cost comparison, 48 C.F.R. (FAR) § 52.207-2 (2003) Signed by Judge Miller, C..

04-236T • LAKERRA SUMTER v. THE UNITED STATES

Filed 07/20/2004
Tax Refund; Motion to Dismiss; Jurisdiction; Due Process Claims; Tort Claims Signed by Judge Horn.

97-318C • FRANCONIA ASSOCIATES, ET AL.,v. THE UNITED STATES

Filed 07/16/2004
Improper joinder; RCFC 19(a); RCFC 20(a); Having common legal or factual questions not enough, in itself, to support permissive joinder under RCFC 20(a); Comparison to RCFC 40.2; RCFC 21 - appropriate relief; Severance ordered Signed by Judge Allegra.

03-1614C • GERALD T. CARR, ET AL.,v. THE UNITED STATES

Filed 07/16/2004
Prevailing Rate Systems Act, 5 U.S.C. § § 5341-5349 (2000); Premium Pay and Differentials, 5 C.F.R. § 532, App. A to Subpart E (2004); Back Pay Act, 5 U.S.C. § 5596 (2000); Occupational Safety and Health Act, 29 U.S.C. § § 651-678 (2000); environmental differential pay; statute of limitations; fraudulent concealment; threshold airborne asbestos exposure concentration level; supervisory employees Signed by Judge Miller, C..

04-304C • DISMAS CHARITIES, INC.,v. THE UNITED STATES & BANNUM, INC., Defendant-Intervenor

Filed 07/14/2004
Bid Protest; best value; lowest price technically acceptable; arbitrary and capricious; judgment on the administrative record; RCFC 56.1; source selection decision; source selection evaluation panel Signed by Judge Miller, G..

98-934L • SARA ILLIG,For Herself and as Representative of a Class of Similarly Situated Persons v. THE UNITED STATES

Filed 07/12/2004
Class action; Motion to amend entry of appearance; Rule 15 RCFC; Relation back; Limitations of actions Signed by Judge Bruggink.

03-2201C • TIGER NATURAL GAS, INC. v. THE UNITED STATES

Filed 07/09/2004
Breach of contract; claim against   contractor by General Services   Administration; motion to dismiss; jurisdiction over claim for declaratory relief; 28 U.S.C.   § 1491(a)(2); Rule 12(b)(6); interest; 41 U.S.C. § 611
Signed by Judge Lettow.

03-1538C • ADNAN AWAD AND LYNN AWAD v. THE UNITED STATES

Filed 07/09/2004
Motion to dismiss; contract; subject matter jurisdiction; Tucker Act, 28 U.S.C. § 1491; authority to bind the government; sovereign versus proprietary government contracts Signed by Judge Damich.

04-556C • BETA ANALYTICS INTERNATIONAL, INC., v. THE UNITED STATES & MADEN TECH CONSULTING, INC.,Intervenor

Filed 07/09/2004
Motion for discovery in post-award bid protest; presumption of regularity and good faith conduct; organizational conflict of interest review Signed by Judge Wolski.

04-154C • INTERNATIONAL RESOURCE RECOVERY, INC., v. THE UNITED STATES and ROLLOFFS HAWAII, INC., Intervenor

Filed 07/02/2004
Post-Award Bid Protest; Supplementation of Administrative Record; Allegations of Bias, Bad Faith, and Erroneous Past Performance Evaluation Signed by Judge Williams.

99-765C • SODEXHO MARRIOTT MANAGEMENT, f/k/a MARRIOTT MANAGEMENT SERVICES v. THE UNITED STATES

Filed 07/02/2004
Contracts; nonappropriated fund instrumentality (NAFI); military morale, welfare, and recreation activity; Contract Disputes Act; retroactivity; motion to dismiss; subject matter jurisdiction; motion to transfer; and reinstatement of takings claim previously dismissed. Signed by Judge Yock.

00-540C • KEVIN J. METZ v. THE UNITED STATES

Filed 06/30/2004
Military Pay Act, 37 U.S.C. § 204; motion to dismiss; Rule 12(b)(1); motion for judgment upon the administrative record; Rule 56.1; Air Force Board for Correction of Military Records; constructive military service; evidentiary hearing on jurisdictional facts; voluntariness of separation from the military in lieu of court-martial; ineffective assistance of counsel; DNA evidence; sample destruction; recovery of back-pay by enlisted service member; mitigation of backpay damages; right to reenlistment; remand; Rule 56.2 Signed by Judge Lettow.

03-2005C • GWENDOLYN Y. HOSKINS v. THE UNITED STATES

Filed 06/30/2004
Military Pay; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Cross-Motions for Judgment on the Administrative Record; RCFC 56.1; Jurisdiction; Justiciability; Supplemental Promotion Consideration Signed by Judge Hewitt.

99-400C • IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, v. THE UNITED STATES

Filed 06/30/2004
Motion to Strike; RCFC 12(f); Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2000); Severin Doctrine; Sufficiency of Evidence Signed by Judge Hewitt.

03-1879C • CHARLES H. ELLIOTT v. THE UNITED STATES

Filed 06/30/2004
Military discharge, separation pay 28 U.S.C. 2501 Signed by Judge Hodges.

03-1499C • DAVID EARL MOORE, ET AL., v. THE UNITED STATES

Filed 06/29/2004
RCFC 56.1; Judgment on the Administrative Record; Plaintiff, Collateral Review of Courts-Martial Signed by Judge Block.

95-497C • PERPETUAL FINANCIAL CORP., v. THE UNITED STATES

Filed 06/25/2004
Causal Connection; Constitutional Standing; Derivative Action; Injury In Fact; Mutuality of Intent; Novation; Supervisory Goodwill; Third-Party Beneficiary; Winstar-related Case Signed by Judge Braden.

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