USCFC General Jurisdiction-Reported

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03-866L • MICHAEL R. WARE, pro se v. THE UNITED STATES

Filed 09/25/2003
Fifth Amendment taking and due process claims; Mining Law of 1872, 30 U.S.C. § § 21-54; Tucker Act jurisdiction; equitable relief; cognizable property interest; statute of limitations; tolling; legal disability; motion to dismiss Signed by Judge Lettow.

01-46C, 01-251C, 01-416C • CUYAHOGA METROPOLITAN HOUSING AUTHORITY v. THE UNITED STATES

Filed 09/22/2003
Summary judgment; Breach of contract; HUD section 8 housing program; HAP contracts; 1994 amendments to Housing Act of 1937; HUD Directive 95-12; Repudiation of HAP contracts; Prima facie breach; Unmistaka-bility doctrine - provenance examined; Winstar; Unmistakability doctrine inapplicable; Breach; Accord and satisfaction; Damages Signed by Judge Allegra.

02-895C • ROBERT L. LOEH, pro se v. THE UNITED STATES

Filed 09/16/2003
Military pay; claim for separation pay, 10 U.S.C. § 1174 (2000);   jurisdiction; review of military selection board decision, 10 U.S.C. § 632; military promotion delay, 10 U.S.C. § 624; removal from military promotion list, 10 U.S.C. § 629 Signed by Judge Miller, C..

02-1294C • COLORADO CONSTRUCTION CORPORATION v. THE UNITED STATES

Filed 09/16/2003
Contracts; Bid protest; Claim for bid preparation costs; Bureau of Indian Affairs; Buy Indian Act, 25 U.S.C. § 47 (2000); Indian Economic Enterprise Signed by Judge Miller, C..

02-704C • TESORO HAWAII CORPORATION and TESORO ALASKA COMPANY v. THE UNITED STATES

Filed 09/15/2003
Summary judgment; Military fuel supply contracts;   Unauthorized economic price adjustment clause; Individual and class deviations from FAR §16.203; Quantum valebant relief Signed by Judge Bruggink.

98-183C • NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY v. THE UNITED STATES

Filed 09/10/2003
Contract Disputes Act, U.S.C. § 609(a)(1); Cost Accounting Standard 415-50(e)(1); Measurement Dates For The Cost of Stock Awards Signed by Judge Smith.

03-617C • DANIEL F. RYAN, individually and in his representative capacity, RONALD BLAZE, and FORMER SAVERS OF STERLING FEDERAL SAVINGS ...

Filed 09/08/2003

DANIEL F. RYAN, individually and in his representative capacity, RONALD BLAZE, and FORMER SAVERS OF STERLING FEDERAL SAVINGS ASSN., A Federal Mutual Savings Institution,   v. THE UNITED STATES

Subject Matter Jurisdiction;   Implied-In-Fact Contract; Motion to   Dismiss; Federal Tort Claims Act, 28 U.S.C. § 2671; Savings and Loan Association

Signed by Judge Hodges.

92-620C • HOME SAVINGS OF AMERICA, F.S.B., and H. F. AHMANSON & CO., v. THE UNITED STATES

Filed 09/03/2003
Winstar; Contract Interpretation; Damages Signed by Judge Bruggink.

96-494C • CENTEX CORPORATION, ET. AL., v. THE UNITED STATES

Filed 08/29/2003
Motion for attorneys' fees as sanctions while case pending on appeal; RCFC 54(d) Signed by Judge Bruggink.

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

Filed 08/29/2003
Contracts Discovery; Motion to Compel; Duty to Preserve Documents; Production of Electronic Documents; Manner of Producing Documents Requested Under Rule 34(b) Signed by Judge Hewitt.

594-89L • THE STEARNS COMPANY, LTD v. THE UNITED STATES

Filed 08/26/2003
Motion on reconsideration; comparable sales
Signed by Judge Smith.

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

Filed 08/26/2003
Spoliation; Adverse Inference; Motion In Limine Signed by Judge Hewitt.

95-541C • HOME FEDERAL BANK OF TENNESSEE, FSB v. THE UNITED STATES

Filed 08/26/2003
Contracts; Winstar-related case; liability for breach of contract; liability for breach of contract implied in fact; authority of supervisory agents; summary judgment Signed by Judge Yock.

03-789C • CSE CONSTRUCTION CO., INC., v. THE UNITED STATES

Filed 08/26/2003
Post-Award Bid Protest; Injunctive Relief; Nonresponsibility Determination; Small Business Administration; Bid Preparation Costs Signed by Judge Horn.

93-531C • AMBASE CORPORATION AND CATERET BANCORP, INC., Plaintiff AND FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor v THE US

Filed 08/25/2003
Winstar-related case; savings and loan; liability for breach of contract; takings; remedial theory; limitations on prejudgment interest; illegal exaction; summary judgment Signed by Judge Smith.

99-194C • MARKETING AND MANAGEMENT INFORMATION, INC.,v. THE UNITED STATES

Filed 08/25/2003
Contracts; Brooks Act; Absence of Termination for Convenience Clause; Application of FAR to Procurements Signed by Judge Bruggink.

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

Filed 08/21/2003
Contracts;   post-award bid protest; timely protest to the SBA; violation of regulations; prejudice; remand to SBA Signed by Judge Margolis.

99-88C • AIRPLANE SALES INTERNATIONAL CORPORATION v. THE UNITED STATES and NAVAL AVIATION MUSEUM FOUNDATION. Defendant-Intervenor

Filed 08/20/2003
Contract Interpretation; 10 U.S.C. § 2572; "As Is, Where Is;" Transferand Exchange of Surplus Aircraft Signed by Judge Hodges.

01-322C & 01-536C • LION RAISINS, INC. v. THE UNITED STATES

Filed 08/20/2003
Pleading and practice; Equal Access to Justice Act, 28 U.S.C. § 2412 (2002); attorneys' fees and costs; aggregation of net worth; number of employees; substantial justification; special circumstances; cost of living adjustment Signed by Judge Miller, C..

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

Filed 08/15/2003

Payment of   patent fees; Statute of Limitations; Standing; Illegal exaction; Patents and Copyrights Clause, U.S. CONST. art. I, § 8, cl. 8; Direct Tax Clause U.S. CONST. art. I, § 9, cl. 4; Takings; Cognizable property interest

Signed by Judge Futey.

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