USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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03-1229C • FRU-CON CONSTRUCTION COMPANY, INC., v. THE UNITED STATES and HITT CONTRACTING, INC., Defendant-Intervenor

Filed 08/07/2003
Architect of the Capitol; Bid   Protest; Tucker Act Jurisdiction; APA Standards; Best Value Contract; Written Proposals; 5   U.S.C. § 706; 28 U.S.C. § 1491(b); Arbitrary and Capricious Signed by Judge Hodges.

02-1854L • JOHN BRENEMAN and WILLIAM D. BRENEMAN v. THE UNITED STATES

Filed 08/06/2003
Fifth Amendment Takings; Motion to Dismiss; 28 U.S.C. 1500 (1994); Complaint Filed in District Court and Court of Federal Claims on Same Day; Summary   Judgment; Claim of Takings of Avigation (Air)   Easement by FAA by Publication of Aeronautical Chart and Issuance of   Hazard Determination Signed by Judge Hewitt.

01-156C • RCS ENTERPRISES v. THE UNITED STATES

Filed 08/06/2003
Contracts;   Contract Disputes Act of 1978, 41    U.S.C. § §   601-613 (2002); motion for summary   judgment; claim for past refunds and future   savings for  multi-year contract; res   judicata; claim preclusion; issue preclusion; Anti-Deficiency Act, 31 U.S.C. § 1341 (2002); prior material  breach;   frustration of purpose; waiver of defenses not pled Signed by Judge Miller, C..

95-503C • FIFTH THIRD BANK OF WESTERN OHIO v. THE UNITED STATES

Filed 08/06/2003
Contracts; Winstar case; takings; Fifth Amendment; due process; taking of rights created by contract contrasted with taking of goodwill resulting from supervisory transactions Signed by Judge Miller, C..

01-348C • CAROLYN ABRAMS, ET AL., v. THE UNITED STATES

Filed 08/04/2003
Back Pay; 5 U.S.C. § §  5545(a) and 5546(a); 38 U.S.C. § §7453 and 7454; Rule 23; Class   Actions; Quinault Standards Signed by Judge Hodges.

95-829C • STERLING SAVINGS, ET AL., v. THE UNITED STATES

Filed 08/04/2003
REISSUED FOR PUBLICATION Winstar-related case; breach of contract; accounting treatment; goodwill; FSLIC cash contribution Signed by Judge Damich.

92-580C • SPARTON CORPORATION v. THE UNITED STATES

Filed 08/04/2003
REISSUED FOR PUBLICATION patent invalidity; on sale bar; experimental use exception Signed by Judge Damich.

02-1363C • LION RAISINS, INC., a California corporation v. THE UNITED STATES

Filed 08/01/2003
Fifth Amendment Taking; Jurisdiction; Non-Appropriated Fund   Instrumentality Signed by Judge Merow.

93-489C • ADMIRAL FINANCIAL CORPORATION v. THE UNITED STATES

Filed 07/31/2003

Winstar-Related Case; Post- Trial; Regulatory Capital Maintenance Agreement; Prior Material Breach; Repudiation; Entitlement to Restitution

Signed by Judge Baskir.

01-680C • J.G.B. ENTERPRISES, INC., v. THE UNITED STATES

Filed 07/31/2003
Contracts; failure to join an indispensable party; necessary party Signed by Judge Margolis.

19-83C • THE DOW CHEMICAL COMPANY v. THE UNITED STATES

Filed 07/30/2003
Patent Infringement, Claim   Construction Signed by Judge Smith.

01-310T • VENTAS, INC., v. THE UNITED STATES

Filed 07/30/2003
Tax - Alternative Minimum Tax:
Taxable income as calculated for purposes of the regular income tax is also the income base for purposes of the alternative minimum tax unless Congress has specifically directed otherwise. Therefore, a taxpayer who, in the computation of its regular income tax, is required by I.R.C. § 280C(a) to offset a credit against its tax liability by reducing the amount of an otherwise allowable wage-expense deduction may not recapture the amount of the "forfeited" wage expense in calculating income for purposes of the alternative minimum tax Signed by Judge Wiese.

95-524C • HOMER J. HOLLAND and HOWARD R. ROSS v. THE UNITED STATES

Filed 07/30/2003
Winstar-Related Case; Motion to Dismiss; Privity of Contract; Cross-Motions for Summary Judgment on Liability; Contract Interpretation Signed by Judge Horn.

95-534C • AG ROUTE SEVEN PARTNERSHIP, ET. AL., Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, Substituted Plaintiff v. THE US

Filed 07/29/2003
Winstar-related case; Implied-Plaintiffs, in-fact contract; Private and investor standing; Assignee lack of privity of contract; Statutory shareholder standing pursuant to 12 U.S.C. § 1821(d)(11)(A); Derivative shareholder standing; Lack of subject matter jurisdiction over cross claims between plaintiffs; and Fifth Amendment taking and due process claims Signed by Judge Gibson.

00-169L • THE OSAGE NATION AND/OR TRIBE OF INDIANS OF OKLAHOMA v. THE UNITED STATES

Filed 07/28/2003
Motion to Dismiss; Standing; Osage Allotment   Act of 1906; Statute of   Limitations; Department of the Interior and Related Agencies Appropriations Acts; Indian Claims   Commission Act Signed by Judge Hewitt.

98-789 • PACIFIC GAS AND ELECTRIC COMPANY AND PG & E CORPORATION v. THE UNITED STATES

Filed 07/25/2003
Motion for Reconsideration; Rule 59; Mistake of Fact; Mistake or Law; Statute of Limitations; I.R.C. § 7405 (1986); I.R.C. § 6611 (1986); Offset Against Refund Signed by Judge Hewitt.

01-139T • WILLIAM H. GROSSMAN and CAROLYN S. GROSSMAN v. THE UNITES STATES

Filed 07/18/2003
Tax refund suit; Summary judgment; Closing agreement; 26 U.S.C. § § 6224(c), 7121; Authority to sign closing agreement on behalf of IRS; IRS Delegation Orders Nos. 12 and 209; "Specific vs. general" rule of construction; Designation as acting official; Closing agreement, and assessments based thereupon, valid; Equitable estoppel. Signed by Judge Allegra.

93-162C • FIRST FEDERAL SAVINGS BANK OF HEDEWISCH v. THE UNITED STATES

Filed 07/17/2003
Winstar-related case; Takings Signed by Judge Futey.

02-151C • GERALDINE TAYLOR v. THE UNITED STATES

Filed 07/16/2003
Army Board for Correction of Military Records; Statute of Limitations; Accrual of Cause of Action; Military Disability Retirement Signed by Judge Damich.

95-526C • SOUTHERN NATIONAL CORPORATION and BRANCH BANKING and TRUST COMPANY of SOUTH CAROLINA v. THE UNITED STATES

Filed 07/16/2003
Contracts; Winstar case; summary judgment; damages; reliance damages; wounded bank damages; expectancy damages; lost profits; put option; mitigation Signed by Judge Miller, C..

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