USCFC General Jurisdiction-Reported

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02-1420C • WESTINGHOUSE ELECTRIC CO., v. THE UNITED STATES

Filed 06/05/2003

Anti-Assignment Act; Judicial Estoppel

Signed by Judge Firestone.

01-629T • AKIVA N. GERSTEIN v. THE UNITED STATES

Filed 05/30/2003
Tax - Claim on an "account stated": Suit for a tax refund on an IRS acknowledged overpayment of penalty taxes is subject to the six-year statute of limitations; cause of action for a missing refund check accrues upon the receipt of a Form   1099-INT setting forth the IRS's payment of interest; inquiries by a taxpayer as to the status of a refund check do not postpone the running of the statute of   limitations where the IRS's response   reasonably should have raised doubts about the accuracy of the IRS's   representations Signed by Judge Wiese.

99-401T • GENERAL ELECTRIC COMPANY and SUBSIDIARIES v. THE UNITED STATES

Filed 05/28/2003
Cross-motions for summary judgment; Compounding of interest on overpayment of tax by corporation; GATT   amendment - Sections   6621(a)(1) of the Internal Revenue Code of 1986, as amended by section 713 the Uruguay Round Agreements Act; GATT rate vs. regular rate; Language and structure of statute; Effective date provision;   Retroactivity; Sovereign immunity Signed by Judge Allegra.

92-452C • BAYSIDE FEDERAL SAVINGS & LOAN ASSOCIATION, ET AL., v. THE UNITED STATES

Filed 05/28/2003
Winstar-related case; attorney disqualification; necessary   witness rule Signed by Judge Smith.

90-581C • RICHARD C. LA VAN, CARMEN LULLO, RONALD S. KRAAR, DONALD BIALON, and JAMES SKOZEK v. THE UNITED STATES

Filed 05/28/2003
Winstar-related Case; Restitution; Shareholder-standing; Fifth Amendment Taking; Post-judgment interest Signed by Judge Firestone.

02-133C • AINS, INC., v. THE UNITED STATES

Filed 05/23/2003
Breach of contract; nonappropriated funds instrumentality; sovereign immunity; motion to dismiss Signed by Judge Block.

03-271C • AL GHANIM COMBINED GROUP CO. GEN. TRAD. & CONT. W.L.L., v. THE UNITED STATES

Filed 05/22/2003
Contracts; post-award bid protest; 28 U.S.C. § 1491(b) (2002); supplementation of administrative record; price analysis; materiality; ambiguity; national security,   28 U.S.C. § 1491(b)(3). Signed by Judge Miller, C..

90-843C • HOMETOWN FINANCIAL, INC., and CONTINENTAL FINANCIAL HOLDINGS, INC., and FEDERAL INSURANCE DEPOSIT CORPORATION v. THE US

Filed 05/22/2003
Winstar-related Case; Restitution and Reliance Damages; Standing to seek Expectancy Damages; Daubert Hearing Signed by Judge Firestone.

01-448C & 02-405C • MICHAEL P. PAALAN, pro se v. THE UNITED STATES

Filed 05/20/2003
Motion to dismiss; res judicata; claim preclusion; RCFC 7.1(a); discovery Signed by Judge Miller, C..

03-193C • DELANEY CONSTRUCTION CORPORATION, Plaintiff, TUG HILL CONSTRUCTION, INC., Plaintiff-Intervenor v. THE UNITED STATES

Filed 05/19/2003
Post-award protest; HUBZone price evaluation preference; Small Business Certification; Corrective action Signed by Judge Merow.

03-709C, 03-761C • BANKNOTE CORPORATION OF AMERICA, INC., AND GUILFORD GRAVURE, INC. v. THE UNITED STATES v. SENNETT SECURITY PRODUCTS, LLC, AVE...

Filed 05/14/2003

BANKNOTE CORPORATION OF AMERICA, INC., AND GUILFORD GRAVURE, INC. v. THE UNITED STATES v. SENNETT SECURITY PRODUCTS, LLC, AVERY DENNISON CORPORATION, INC., AND ASHTON-PITTER (USA), LTD., Intervenors

Post-Award bid protest;   Cross-motions for judgment on the administrative record; Evaluation of technical     proposals;
Mandatory     minimum requirements; Alleged failure to treat offerors equally; Meaningful discussions; Undisclosed evaluation factor; Best value determination; Relief denied

Signed by Judge Allegra.

03-796C • BELL BCI COMPANY. v. THE UNITED STATES

Filed 05/13/2003
Tucker Act   Jurisdiction; "Federal Agency;" Architect of the Capitol; 28 U.S.C. § 451; "Executive Agency;" Statutory "Context;" Emery Worldwide Airlines, Inc. v. United States Signed by Judge Hodges.

03-839C • BANNUM, INC. v. THE UNITED STATES

Filed 05/06/2003
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Temporary Takings Claim; Doctrine of Claim Preclusion or Res Judicata; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Hewitt.

01-409C • JERRY TODD, et al., v. THE UNITED STATES

Filed 05/05/2003
Federal Aviation Administration; Personnel Management System; Back Pay; Grievance Procedures; Collective Bargaining Agreement; 49 U.S.C. § 40122(g); Third-Party Beneficiaries Signed by Judge Hodges.

01-409C • ALTON B. HORNBACK v. THE UNITED STATES

Filed 05/05/2003
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Temporary Takings Claim; Doctrine of Claim  Preclusion or Res Judicata; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Hewitt.

00-669C • SPECIALITY TRANSPORTATION, INC., v. THE UNITED STATES

Filed 05/02/2003

Cross-Motions for Summary   Judgment; Breach of   Contract; Contract Interpretation; Termination for Cause, 48 C.F.R. § 52.212-4(m); Reprocurement Costs

Signed by Judge Horn.

02-969C • HUE THI NGUYEN, ET AL., v. THE UNITED STATES

Filed 05/01/2003
Breach of Contract; Statute Of Limitations; Waiver of Sovereign Immunity; Motion To Dismiss; Accrual of Cause Of Action; 31 C.F.R. § 211.1; Legal Disability Signed by Judge Damich.

01-231C • JOSEPH PAUL TINDLE v. THE UNITED STATES

Filed 04/30/2003
Military Pay; Court-Martial Review; Res Judicata; Statute of Limitations. Signed by Judge Merow.

96-590C • FIRST NATIONWIDE BANK, ET AL., v. THE UNITED STATES

Filed 04/30/2003
Winstar; Guarini Legislation; Damages Signed by Judge Bruggink.

99-258T • FLORIDA POWER & LIGHT COMPANY v. THE UNITED STATES

Filed 04/29/2003
Tax; I.R.C. § 4481(a) - Heavy Vehicle Use Tax. (i) Exceptions to tax: mobile machinery and off-highway transportation. (ii) Equality of treatment: IBM rule that the IRS must treat similarly situated taxpayers equally does not extend to a taxpayer who has not sought its own private letter ruling but attempts, instead, to rely on a ruling issued to another taxpayer. (iii) Claim for refund: requirement of I.R.C. § 7422(a) that a taxpayer file an administrative claim for refund before seeking judicial relief is not satisfied where the subsequently presented court claim asserts as a basis for refund factual considerations that the IRS did not have reason to know. Signed by Judge Wiese.

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