USCFC General Jurisdiction-Reported

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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..

98-857C • BETTY ANN NEWBY v. THE UNITED STATES

Filed 07/16/2003
Motion to Dismiss; Jurisdiction; Torts; Equitable Relief Signed by Judge Horn.

01-543T • JOHN HANCOCK FINANCIAL SERVICES, INC. AND JOHN HANCOCK LIFE INSURANCE COMPANY v. THE UNITED STATES

Filed 07/15/2003
Income taxes;   mutual life  insurance company; stock life insurance company; policyholder dividend deduction; negative recomputed differential earnings rate; tax benefit rule Signed by Judge Margolis.

02-932C • STEVEN A. HOFFMAN v THE UNITED STATES

Filed 07/11/2003
Military Pay; Motion to Dismiss; Motion for Judgment Upon the Administrative Record Signed by Judge Horn.

02-1472C • VICTOR RAMIREZ v. THE UNITED STATES

Filed 07/10/2003
Motion to Dismiss; Jurisdiction; Forfeiture; Due Process Signed by Judge Horn.

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

Filed 07/09/2003
Winstar-related case; standing to assert claim for damages in breach of contract action
Signed by Judge Damich.

96-811C • FIRST HEIGHTS BANK, FSB, PULTE DIVERSIFIED COMPANIES INC., AND PULTE HOMES, INC., v. THE UNITED STATES

Filed 07/01/2003
Winstar; Covered asset losses; Guarini legislation; Damages Signed by Judge Bruggink.

96-119L • WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, v. THE UNITED STATES

Filed 07/01/2003
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; 42 U.S.C. § 4654(c) - attorney's fees; In-house counsel; Fees allowed; Raney v. Bureau of Prison; Fees calibrated to salary and benefits, plus allowance for overhead Signed by Judge Allegra.

02-1894C • CONSUMERS ENERGY COMPANY v. THE UNITED STATES

Filed 07/01/2003
Standard   Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R § 961.11; Nuclear Waste Policy Act, 42 U.S.C. § 10101-10270; Illegal Exaction Signed by Judge Damich.

00-100T • STEPHEN FARKAS v. THE UNITED STATES

Filed 07/01/2003
Tax Refund Suit; IRC Section 6672(a) - Responsible Officer Penalty; Responsible Person;   Willfulness; Forfeiture of Fraudulent Claims Signed by Judge Block.

2-1347L • WILLIAM B. CALDWELL,III and BEN FRANK BILLINGS,III, for Themselves and as Representatives of a Class of Similarly Situated ...

Filed 06/30/2003

WILLIAM B. CALDWELL,III and BEN FRANK BILLINGS,III, for Themselves and as Representatives of a   Class of Similarly Situated Persons v. THE UNITED STATES

Taking; Trails Act; rails-totrails;
statute of limitations;
RCFC 12(b)(1); RCFC 12(h)(3);
28 U.S.C. § 2501 (2002); 28   U.S.C. § 1491 (2002); 16 U.S.C. § 1247 (2002); 49 C.F.R. § 1152 (2002)

Signed by Judge Miller, C..

99-883C • DANNY T. BARNES v. THE UNITED STATES

Filed 06/30/2003
Military Pay; Promotion by Operation of Law Signed by Judge Merow.

00-136L • LINDA VAIZBURD and ARKADY VAIZBURD v. THE UNITED STATES

Filed 06/30/2003
Constitutional taking; Physical invasion by sand; Date of taking; Nominal damages Signed by Judge Bruggink.

96-237L • CANE TENNESSEE, INC, ET. AL, v. THE UNITED STATES

Filed 06/27/2003
Summary Judgment; Permanent Taking; Temporary Taking; Surface Mining Control and Reclamation Act,   30 U.S.C. § § 1201-1328 (1986); Property Interest or Right Subject to Taking; Parcel as a Whole; Penn Central Test Signed by Judge Hewitt.

02-509L • JOHN R. SAND AND GRAVEL CO., v. THE UNITED STATES

Filed 06/27/2003
Summary Judgment; Taking; Activities under CERCLA, 42 U.S.C   § §9601-9675 (1995); Monitoring Wells; Statute of Limitations Signed by Judge Hewitt.

00-116C & 00-1161C • AARON ANGELO, JR., ET AL. v. THE UNITED STATES

Filed 06/27/2003
Fair Labor Standards Act (FLSA); Executive Exemption; Primary Duty Test; Liquidated Damages; Willfulness; Pre-Judgment Interest; Construction of "or" as Disjunctive or Conjunctive Signed by Judge Damich.

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