USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

02-1185C • JAMES L. BARNEY v. THE UNITED STATES

Filed 06/26/2003
Motion to Dismiss; Military Pay; Disability Retirement; Statute of Limitations; Continuing Claim; Equitable Tolling Signed by Judge Horn.

95-435C • FRASER CONSTRUCTION CO.,v. THE UNITED STATES

Filed 06/25/2003
Contracts - Delay Clause: No time extension is owed where delays in dredging operations are caused by instantaneous peak flows that should have been anticipated based on available hydrographic data. Acceleration: Plaintiff cannot succeed on an acceleration claim where (i) it failed to provide the government with information central to its claim, (ii) the government did no more than emphasize the contract schedule, and (iii) plaintiff already received time extensions for the days it claims it should not have worked Signed by Judge Wiese.

98-697C • FRANKLIN SAVINGS CORPORATION AND FRANKLIN SAVINGS ASSOCIATION v. THE UNITED STATES - ERRATA

Filed 06/25/2003
Res judicata, collateral   estoppel, breach of contract, breach of fiduciary duty
Signed by Judge Block.

93-306C • CITIZENS FINANCIAL SERVICES, FSB f/k/a CITIZENS FEDERAL SAVINGS and LOAN ASSOCIATION v. THE UNITED STATES

Filed 06/25/2003
Winstar related; Restitution; Reliance Damages; Capital Replacement; Lost Profits Signed by Judge Firestone.

02-1455T • VENTURE COAL SALES COMPANY, SANNER ENERGIES, INC., AND FUTURE INDUSTRIES, INC. v. THE UNITED STATES

Filed 06/24/2003
Coal Tax Refund Claim Under 26 U.S.C. § 4121 Accrues When Tax Paid or Unconstitutional Statute Enacted; No Tolling of Statute of Limitations by Court Decision Finding Coal Tax Statute Unconstitutional Signed by Judge Sypolt.

97-251C • CROSS PETROLEUM, INC. v. THE UNITED STATES

Filed 06/20/2003
Contracts; damages; reasonableness; wrongful termination; environmental cleanup; counterclaim; 42 U.S.C. § § 9601-9675 (2002); 48 C.F.R. (FAR) § 6.302-2 (2002); 40 C.F.R. § 300.1 (2002); 40 C.F.R. § 300.3(b) (2002)
Signed by Judge Miller, C..

00-705C • THE BOEING COMPANY v. THE UNITED STATES

Filed 06/20/2003
Patent suit; Markman; Claim construction; Terms construed - "trace elements" and "consisting essentially of"; Ordinary and customary meaning; Use of dictionaries and treatises; Choice among multiple definitions; Specification; Prosecution history; Reject meaning that would require court to ascribe strained meaning to other claim language Signed by Judge Allegra.

02-147C • ROGELIO DE ARCHIBOLD, ET AL., v. THE UNITED STATES

Filed 06/20/2003
Motion to Dismiss, Rules 12(b)(1), 12(b)(6); Entitlement to Employment Benefits; Contract Rights Under Implementation Agreement to   Panama Canal Treaty; Implied-in-Fact or Implied-in-Law Contract; Third-Party Beneficiary to Contract; Money-Mandating Statute or   Agreement Signed by Judge Hewitt.

02-894C • MARCIA FEE ACHENBACH, ET AL.,v. THE UNITED STATES

Filed 06/19/2003

Motion to Dismiss; Statute of Limitations, 28 U.S.C. § 2501; Sovereign Immunity; Purposeful Concealment of Facts; World War II

Signed by Judge Hewitt.

02-102C • MARATHON OIL COMPANY AND MOBIL OIL EXPLANATION & PRODUCING SOUTHEAST, INC.,v. THE UNITED STATES

Filed 06/19/2003
Post-judgment Interest; Final Judgment; Doctrine of Sovereign Immunity; 28 U.S.C. § 1961(c)(2) and § 1961(c)(3); 28 U.S.C. § 2516(a) and § 2516(b); 31 U.S.C. § 1304(b)(1)(B)
Signed by Judge Merow.

01-201L • CAROLE AND ROBERT TESTWUIDE, ET. AL., v. THE UNITED STATES

Filed 06/17/2003
Overflight Takings; Motion for Class Certification; RCFC 23; Deficiency of Proposed Method of Class Certification; Certification of Issue to United States Court of Appeals for the Federal Circuit Signed by Judge Bush.

97-187C • HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC., v. THE UNITED STATES

Filed 06/13/2003
Motion for leave to withdraw admissions under RCFC 36(b);   Presentation of the merits subserved; Prejudice under rule defined; Motion granted Signed by Judge Allegra.

98-727T • BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN & SUBSIDIARIES v. THE UNITED STATES

Filed 06/12/2003

Cross-Motions for Partial Summary Judgment; 26 U.S.C. § § 832, 846; Losses Incurred   Deduction; Unpaid Losses or Loss Reserve; Tax Reform Act of 1986, § 1012

Signed by Judge Horn.

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