USCFC General Jurisdiction-Reported

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04-0082C • FIRST ENTERPRISE v. THE UNITED STATES

Filed 06/25/2004
Post-Award Bid Protest; Summary Judgment; Agency Estimate; Cost Realism; Anti- Deficiency Act; Price Reasonableness; Cost and Pricing Data; Cancellation of Invitation for Bid Signed by Judge Block.

91-1550C • GLOBE SAVINGS BANK, F.S.B. & PHOENIX CAPITAL GROUP, INC., v. THE UNITED STATES

Filed 06/24/2004
Admission by party-opponent; Fed. R. Evid. 801(d)(2); use of depositions at trial; RCFC 32(a)(2); challenge to expert testimony on relevancy grounds; Fed. R. Evid. 702; designation of new witnesses; RCFC App. A, ¶ 13(b); limitations on deposition; RCFC 30(d)(2) Signed by Judge Lettow.

03-1215C • THOMAS PECKHAM AND PATRICIA PECKHAM v. THE UNITED STATES

Filed 06/24/2004
Summary Judgment; Settlement Agreement; Contract Interpretation Signed by Judge Horn.

00-737C • DAVID A. SCHOLL v. THE UNITED STATES

Filed 06/23/2004
Civilian back pay claim; Bankruptcy court system; Bankruptcy judge; Judicial review of adverse personnel actions; Civil Service Reform Act of 1978, Pub. L. 95-454, 92 Stat. 1111; Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92 Stat. 2549; Fausto doctrine Signed by Judge Baskir.

96-817T • ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, v. THE UNITED STATES

Filed 06/21/2004
Railroad Retirement Act; Supplemental Annuity Taxes; Interest-free Adjustments Signed by Judge Bruggink.

03-728C • GENTEX CORPORATION v. THE UNITED STATES

Filed 06/18/2004
Bid Protest Remedy; 28 U.S.C. § 1491(b); Bid Preparation and Proposal (B&P) Costs; Reliance Damages; Recovery of Teammates' B&P Costs; Profit As An Element of B&P Costs Signed by Judge Williams.

93-134L • DOROTHY M. MOORE, ET AL.,v. THE UNITED STATES

Filed 06/18/2004
Takings; Rails to Trails Act; Damages for Imposition of New Easement Signed by Judge Bruggink.

02-582C • CLAY ADAM SEAY v. THE UNITED STATES

Filed 06/17/2004
Taking; Illegal Exaction; Seized Evidence; Criminal Investigation; Rule 41(g) of the Federal Rules of Criminal Procedure; Federal Tort Claims Act Signed by Judge Firestone.

01-605V • EARL DIXON and JOY DIXON, Parents of NOAH MATTHEW DIXON, Petitioners, v. THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN ...

Filed 06/16/2004

EARL DIXON and JOY DIXON, Parents of NOAH MATTHEW DIXON, Petitioners, v. THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Vaccine-Related Injuries; 42 U.S.C. § § 300aa-1 to 34; Standard of Review in Vaccine Cases; Petitioners' Burden of Proof

Signed by Judge Block.

98-169C • HAMILTON SECURITIES ADVISORY SERVICES, INC. v. THE UNITED STATES

Filed 06/14/2004
Ambiguity; Contract Interpretation; Integration Clause; Motion For Reconsideration; Parol Evidence; Plain Meaning; RCFC 7.1(c); RCFC 59(a)(1) Signed by Judge Braden.

01-571C • TEXAS STATE BANK (successor by merger to COMMUNITY BANK & TRUST),v. THE UNITED STATES - ERRATA

Filed 06/10/2004
Jurisdiction; Non-appropriated funds instrumentality; Federal Reserve System; Takings; Sovereign immunity; Illegal exaction Signed by Judge Futey.

04-936C • ALTOS FEDERAL GROUP, INC. v. THE UNITED STATES & INTELISTAF HEALTHCARE, INC., Intervenor

Filed 06/10/2004
Bid protest; Declaratory relief; Override of automatic stay under 31 U.S.C. § 3553(d)(3)(C); Best interests of the government; Rational basis Signed by Judge Futey.

01-713C • MEXICAN INTERMODAL EQUIPMENT, S.A. de C.V., v. THE UNITED STATES

Filed 06/10/2004
Motion to Dismiss; Motion for Summary Judgment; Reciprocity to Sue for Foreign Plaintiffs; Waiver; Laches Signed by Judge Horn.

03-2231C • ENGINEERED DEMOLITION, INC., v. THE UNITED STATES

Filed 06/09/2004
Breach of contract; motion to dismiss; Rule 12(b)(1); subject matter jurisdiction; Contract Disputes Act; certification requirement set out in 41 U.S.C. § 605(c)(1) and (6); Chevron deference; Adams Fruit exception; overbreadth and partial invalidity of FAR [48 C.F.R.] § 33.201; separate claims versus a single, fragmented claim Signed by Judge Lettow.

01-571C • TEXAS STATE BANK (successor by merger to COMMUNITY BANK & TRUST),v. THE UNITED STATES

Filed 06/08/2004
Jurisdiction; Non-appropriated funds instrumentality; Federal Reserve System; Takings; Sovereign immunity; Illegal exaction Signed by Judge Futey.

03-1752C • BANNUM, INC., v. THE UNITED STATES DISMAS CHARITIES, INC., Defendant-Intervenor

Filed 06/08/2004
Contracts; post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); injunctive relief; evidentiary standard for injunctive relief; record review; challenge to Contractor Evaluation Forms; 48 C.F.R. (FAR) § § 15.306, 15.308, 42.1503, 2842.1503 (2003); jurisdiction to challenge terms of solicitation; laches Signed by Judge Miller, C..

03-1863C • GARY THOMAS DETHLEFS v. THE UNITED STATES

Filed 06/08/2004
Contracts; breach of contract in criminal proceedings; due process violation; unjust conviction statute, 28 U.S.C. § § 1495, 2513; aliens' privilege to sue statute, 28 U.S.C. § 2502 Signed by Judge Yock.

03-2083C • MISSISSIPPI DEPARTMENT OF REHABILITATION SERVICES v. THE UNITED STATES

Filed 06/04/2004
Bid protest; Pre-award; Randolph-Sheppard Act, 20 U.S.C. 107-107f; "Operation" of a cafeteria; Discrete services; Statutory interpretation; CO deference; Chevron deference; Laches; Injunctive relief Signed by Judge Baskir.

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