USCFC General Jurisdiction-Reported

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95-758T • NATIONAL WESTMINSTER BANK, PLC v. THE UNITED STATES

Filed 11/14/2003
U.S. - U.K. Treaty; Attribution of Capital to Branches of Foreign Banks Signed by Judge Firestone.

02-31C • JOHN DOE v. THE UNITED STATES

Filed 11/14/2003
Summary judgment; institutional ratification; unjust enrichment implied-in-fact contract; Tucker Act; Asset Forfeiture Fund; AFF; Tariff Act of 1930 Signed by Judge Damich.

02-342T • KRAFT FOODS NORTH AMERICA, INC.,as successor by merger to NABISCO, INC., RJREYNOLDS TOBACCO CO. as successor by merger to RJR ..

Filed 11/14/2003

KRAFT FOODS NORTH AMERICA, INC.,as successor by merger to NABISCO, INC., RJREYNOLDS TOBACCO CO. as successor by merger to RJR INDUSTRIES, INC., RJR NABISCO WASHINGTON, INC. and RJRN POLICY INSTITUTE, INC., RJ REYNOLDS TOBACCO HOLDINGS, INC., formerly known as RJR NABISCO, INC., and RJR ACQUISITION CORP., formerly known as RJR NABISCO HOLDINGS CORP.,O v. THE UNITED STATES

Federal Insurance Contribution Act (FICA); Federal Unemployment Tax Act; (FUTA); Title 26 U.S.C. § 3121; Nonqualified Deferred Compensation Plans; Severance Payment Plans; Section 3121(v)(2) Timing Rules; Vesting of Deferred Benefits for Tax Purposes

Signed by Judge Hodges.

01-88L • BAY-HOUSTON TOWING COMPANY, INC. AND J.H. HARTMAN CORPORATION Third-Party Plaintiff v. THE UNITED STATES

Filed 11/13/2003
Regulatory takings; Ripeness; Futility; Temporary takings Signed by Judge Bruggink.

01-16C • DYNCORP INFORMATION SYSTEMS, LLC v. THE UNITED STATES

Filed 11/10/2003
Contracts; Contract Disputes Act   of 1978, 41 U.S.C. § § 601-613 (2000); summary judgment; whether "in effect on the date of this contract" for purposes of applicable cost accounting standards means date contract executed or designated effective date; applicability of 41 C.F.R. (FAR) § 31.205-52 (1990); whether regulation preventing contractor from recovering costs on stepped-up assets does not apply because contract's effective date   preceded effective date of CAS standard; "fair and reasonable price," FAR § 15.802(b) (1990)   Signed by Judge Miller, C..

95-498C • AMERICAN FEDERAL BANK, FSB, v. THE UNITED STATES

Filed 11/07/2003
Winstar-related case; cross-motions for summary judgment on liability; authority to contract;
issue preclusion; contract formation; implied-in-fact
contract Signed by Judge Lettow.

03-2222C • INTEGRATED BUSINESS SOLUTIONS, INC., v. THE UNITED STATES

Filed 11/06/2003
Contracts —   Pre-award bid protest: After properly rejecting a late final proposal revision, agency was not required to consider an initial proposal Signed by Judge Williams.

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

Filed 11/06/2003
Winstar-related case; contracts; mutual intent to contract; offer, acceptance, and consideration Signed by Judge Margolis.

99-951C, 00-437C, 00-438C, 00-439C • CEMS, INC., v. THE UNITED STATES

Filed 11/05/2003
Breach of Contract; Equitable Adjustment; Implied Duty to Cooperate and Not to Hinder; Suspension of Work; Delay;
Differing Site Conditions; Changes; Constructive Changes; Damages Signed by Judge Horn.

98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, and WILLOWBROOK FARMS v. THE UNITED STATES

Filed 11/04/2003
Takings; motion to dismiss, RCFC 12(b)(1), (6); Clean Water Act, 33 U.S.C. § § 1311(a), 1344(a) (2000); wetlands, 40 C.F.R. § 232.2 (2002); discharge into wetlands, breach of contract, substantive due process; jurisdiction, Tucker Act 28 U.S.C. § 1491(a)(1) (2000) Signed by Judge Miller, C..

02-1460C • HERMES CONSOLIDATED, INC., d/b/a WYOMING REFINING COMPANY v. THE UNITED STATES

Filed 11/03/2003
Government contract; Jet fuel; Federal Acquisition Regulations; Waiver; Laches Signed by Judge Block.

03-2371C • SPHERIX, INC., v. THE UNITED STATES & RESERVE AMERICA HOLDINGS, INC. (Intervenor)

Filed 11/03/2003
Bid protest; Public interest exception to the Competition In Contracting Act, 41 U.S.C. § 253(c)(7); Jurisdiction to review determinations and findings of an agency head Signed by Judge Futey.

95-523C • AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION & FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO ..

Filed 10/31/2003

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION & FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK (Plaintiff-Intervenor) v. THE UNITED STATES

Winstar-related case; Financial Institutions Reform, Recovery, and Enforcement Act; Contract; Contract Interpretation; Collateral Estoppel; Breach of Contract

Signed by Judge Braden.

99-55C • ROBERT K. MURAKAMI v. THE UNITED STATES

Filed 10/31/2003
Civil Liberties Act of 1988; "Otherwise deprived of liberty;" Exclusion order allegedly lifted too late to allow child to be born at parent's original place of residence; Ishida; ORA regulations; Catchall provision; When deprivation of liberty occurs "as a result of" government actions identified in the Act; ORA decision not arbitrary and capricious Signed by Judge Allegra.

95-510C • COLUMBIA FIRST BANK, FSB v. THE UNITED STATES

Filed 10/31/2003
Winstar-related case; evidence; ancient documents exception, Fed. R. Evid. 803(16); authentication, Fed. R. Evid. 901(b)(8); hearsay within hearsay, Fed. R. Evid. 805; documents of third parties, business records exception, Fed. R. Evid. 803(6); public records exception, Fed. R. Evid. 803(8); whether statements of outside consultants are admissions under Fed. R. Evid. 801(d)(2) Signed by Judge Hewitt.

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

Filed 10/31/2003
Winstar; breach of contract; contract interpretation; extrinsic evidence; assumption of risk of regulatory change Signed by Judge Bruggink.

92-540C • O. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE ...

Filed 10/28/2003

O. BRUTON SMITH and HELEN W. SMITH, Executrix for Plaintiff Bill Smith, deceased & THE FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v. THE UNITED STATES - ERRATA

Winstar-Related Case; Privity of Executrix Contract; Shareholder Derivative Standing; Fifth Amendment Takings; FDIC Standing

Signed by Judge Block.

01-572C • LION RAISINS, INC. ET AL., v. THE UNITED STATES

Filed 10/28/2003
Non-Appropriated Fund Instrumentality; Fifth Amendment Taking; Lack of Jurisdiction Signed by Judge Firestone.

02-1220C • NAVAJO REFINING COMPANY, L.P., and MONTANA REFINING CO., v. THE UNITED STATES

Filed 10/27/2003
Military fuel supply contracts; unauthorized economic price adjustment clause; individual and class deviations from FAR §16.203; quantum valebant relief; summary judgment Signed by Judge Hewitt.

02-1953C • SOUTHERN CALIFORNIA EDISON v. THE UNITED STATES

Filed 10/24/2003
Breach of contract; Motion to dismiss; Subject matter jurisdiction; Bonneville Power Administration; Northwest Power Planning Act, 16 U.S.C. § § 839-839h; Rule 12(b)(6); Failure to state a claim; Contract interpretation; Implied covenant of good faith and fair dealing; Implied duty to disclose superior information; Equitable estoppel Signed by Judge Lettow.

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