USCFC General Jurisdiction-Reported

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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.

99-954C • CAPITAL PROPERTIES, INC. and METROPARK, LTD. v. THE UNITED STATES

Filed 04/25/2003
Summary Judgment; Contract Interpretation; Parking Agreement; Railroad Revitalization & Regulatory Reform Act of 1976. Signed by Judge Merow.

01-351C • CLEARWATER CONSTRUCTORS, INC., (a Division of Hensel Phelps Construction Co.) v. THE UNITED STATES

Filed 04/25/2003
Motion to Dismiss; Jurisdiction over matters pursuant to CDA; Requirements to state a valid non-monetary CDA "claim." Signed by Judge Merow.

02-926C • THE DETROIT EDISON COMPANY v. THE UNITED STATES

Filed 04/24/2003

Takings; Nuclear Waste Policy Act of 1982, 42 U.S.C. § § 10101-10270 (2003); maintaining action for taking when complaint also pleads claim in contract.

Signed by Judge Miller, C..

02-604C • DIGICON CORPORATION v. THE UNITED STATES

Filed 04/22/2003
Motion for partial summary judgment; unauthorized contract; institutional ratification Signed by Judge Smith.

98-666C • KIEWIT CONSTRUCTION COMPANY v. THE UNITED STATES

Filed 04/22/2003
Motion to Dismiss; Motion for Summary Judgment; Contract Disputes Act, 41 U.S.C. § § 601-13 (2002); Defective Specifications; Type I Differing Site Conditions Signed by Judge Smith.

00-598C • DAMIAN SINCLAIR v. THE UNITED STATES

Filed 04/18/2003
Contracts; breach of contract; motion for summary judgment;   contract formation; implied-in-fact contract; consideration; promissory estoppel; takings Signed by Judge Miller, C..

00-312C • SOILA CORRALES v. THE UNITED STATES

Filed 04/18/2003
Contracts;   Farmers Home Administration Deed of Trust; failure to pay real estate taxes Signed by Judge Yock.

94-711C • JOHN CROWLEY v. THE UNITED STATES

Filed 04/18/2003
Motion for Reconsideration; Exhaustion of Administrative Remedies; Federal Law Enforcement Pay Reform Act of 1990, Pub. L. No. 101-509. Signed by Judge Horn.

95-667L • DON ROGER NORMAN, ROGER WILLIAM NORMAN, SOUTH MEADOWS LIMITED PARTNERSHIP v. THE UNITED STATES

Filed 04/17/2003
Fifth Amendment Takings Claim; Motion for Partial Summary   Judgment; RCFC 12(h)(3) - Dismissal of a Claim for Lack of Subject Matter Jurisdiction; Motion in Limine Signed by Judge Bush.

00-638C • DAVID C. ROTH v. THE UNITED STATES

Filed 04/15/2003
Motion to dismiss for failure to state a claim, RCFC 12(b)(4); Cross-motions for summary judgment on the administrative Standard of review; Justiciability; Military Pay Act, 37 U.S.C. § 204; Duty of Military Record Correction Boards Signed by Judge Gibson.

02-465C • LA GLORIA OIL AND GAS COMPANY v. THE UNITED STATES

Filed 04/15/2003
Summary judgment; Military fuel supply contracts; Unauthorized economic price adjustment clause; Individual and class deviations from FAR §16.203; Quantum valebant relief Signed by Judge Hewitt.

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