USCFC General Jurisdiction-Reported

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97-834T *consolidated with 97-835T • LAROSA'S INT'L FUEL CO., INC. v. THE UNITED STATES

Filed 04/03/2003

Sections 6601, 6631 of the Internal Revenue Code, 26 U.S.C. (1985); Seizure of Assets by Levy; Escrow Agreements; Interest on Tax Deficiencies

Signed by Judge Smith.

00-369T • FEDERAL NATIONAL MORTGAGE ASSOCIATION. v. THE UNITED STATES

Filed 04/02/2003
Tax - Interpretation of a statutory "special rule" authorizing global interest netting for overlapping periods of mutual indebtedness between a taxpayer and the IRS occurring prior to the enactment date of the statute Signed by Judge Wiese.

00-315C • GARY L. AARON, ET AL. v. THE UNITED STATES

Filed 04/02/2003
Fair Labor Standards Act; Federal Employees Pay Act; Overtime; Limitations Period; Federal Employees Pay Comparability Act of 1990 Signed by Judge Wiese.

97-831C • NORTH AMERICAN CONSTRUCTION CORP. v. THE UNITED STATES

Filed 04/01/2003
Motion for Summary Judgment; Contract interpretation; Equitable Adjustment clause; GSAR § 552.243-71; Jurisdictional requirement in Contract Disputes Act that contractor present issues in form of a written claim precludes review of different operative facts; 41 U.S.C. § 605(a) Signed by Judge Merow.

02-79C • RESOURCE RECYCLING CORPORATION, INC. v. THE UNITED STATES

Filed 04/01/2003

Breach of Contract; Bid Protest; Contract Disputes Act; Statue of Limitations

Signed by Judge Block.

97-332C • W & F BUILDING MAINTENANCE COMPANY, INC.,v. THE UNITED STATES

Filed 03/28/2003
Accord and satisfaction; Parol evidence rule; Extrinsic evidence; Contract Interpretation Signed by Judge Futey.

00-234T • VONS COMPANIES, INC.v. THE UNITED STATES

Filed 03/28/2003
Summary judgment; Refund suit;
Contributions to qualified retirement plans made after close of taxable year; Section 404(a)(6) of the Internal Revenue Code; Lucky Stores; American Stores; Rev. Rul. 76-28; Reliance on private letter rulings and other similar IRS documents; Deduction disallowed Signed by Judge Allegra.

01-456C • GENE A. FOLDEN, COASTAL COMMUNICATIONS ASSOCIATES, and JUDITH A. LONGSHORE v. THE UNITED STATES

Filed 03/28/2003
Motion to Dismiss; Jurisdiction; Tucker Act, 28 U.S.C. § 1491 (2000); Breach of Contract; Takings; 47 U.S.C. § 402 (2000); Federal Communications Commission Lottery/Auction of Cellular Licenses Signed by Judge Horn.

01-559C • UNITED INTERNATIONAL INVESTIGATIVE SERVICES, INC.,v. THE UNITED STATES

Filed 03/28/2003
Breach of Contract; Contract Disputes Act; Court Security Officers; Vacation Benefits; Unemployment Taxes; Service Contract Act; Mistake; Contract Reformation Signed by Judge Damich.

02-343C • JAMES BLACK, GERALD BURWELL, MARTIN HEISCHBERG, ALEX KUCER, RONALD TAYLOR, and BARBARA MOORE v. THE UNITED STATES

Filed 03/27/2003
Motion to Dismiss - RCFC 12(b)(1) and 12(b)(6); COFC Jurisdiction Pursuant to 28 U.S.C. § 1331, 5 U.S.C. § 2302(b) and Civil Service Reform Act Regulations, and the Federal Aviation Administration's Personnel Management System. Signed by Judge Bush.

01-558C • VEIT & COMPANY, INC. v. THE UNITED STATES

Filed 03/27/2003
Contracts; demolition and salvage contract; missile facilities; contract interpretation Signed by Judge Yock.

99-338T & 99-778T • AMMEX, INC., v. THE UNITED STATES

Filed 03/26/2003
Exportation under 26 U.S.C. § 4221(a)(2); Excise tax claim pursuant to § 6421(c) & (g); Scope of the "no passing-on" provision of 26 U.S.C. § 6416(a)
Signed by Judge Gibson.

02-1630C • JOHNNY C. MORGAN v. THE UNITED STATES

Filed 03/25/2003
Contract;
 Privity; Foundation Created Pursuant to Federal Grant Program Signed by Judge Bruggink.

99-690C • NATIONAL AUSTRALIA BANK v. THE UNITED STATES

Filed 03/25/2003
Contracts;
Winstar; Tax Benefit cases; Suits by foreign corporations under § 2502 Signed by Judge Bruggink.

95-660C, 95-797C • BANK OF AMERICA, FSB, ET AL., v. THE UNITED STATES

Filed 03/21/2003
Winstar: Contracts - (i) a Bank Board resolution approving a holding company's acquisition of a thrift institution and granting the institution special regulatory capital accounting privileges constitutes a contract between the Bank Board and the holding company where both the language of the resolution and the parties' preceding negotiations plainly evidence a bargained-for promissory exchange; (ii) the contract, being intended for the direct benefit of the thrift institution, is also enforceable by the institution as a third-party beneficiary; and (iii) principals of the holding company who agree to serve as guarantors of the holding company's promise to maintain the thrift institution's regulatory capital levels are not parties to the contract between the Bank Board and the holding company because they lack any direct and immediate stake in the contemplated performance and are not identified as contract parties Signed by Judge Wiese.

01-541C • DICK TRACY v. THE UNITED STATES

Filed 03/21/2003
Contracts;
 informant compensation;
implied actual authority Signed by Judge Margolis.

00-595C • DATA MARKETING CO. of VIRGINIA, and STANDARD DEVELOPMENT ASSOCIATION, INC. v. THE UNITED STATES

Filed 03/21/2003
Joint Venture Agreement; Privity; Third Party Beneficiary; Consequential Damages Signed by Judge Firestone.

92-710C • ROSE ACRE FARMS, INC., v. THE UNITED STATES

Filed 03/20/2003
Takings; Penn. Central test; Temporary regulatory taking; Categorical taking; 21 U.S.C. § 134a (1999); Just compensation; Consequential damages not recoverable; Interest; Attorney
Signed by Judge Futey.

99-119C • AMERICAN PELAGIC FISHING COMPANY, L.P. v. THE UNITED STATES

Filed 03/18/2003
Fifth Amendment; Taking;
Temporary Regulation;
Damages; Impact of Insurance Signed by Judge Bruggink.

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