USCFC General Jurisdiction-Reported

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96-232C & 96-445C • P.R. BURKE CORPORATION v. THE UNITED STATES

Filed 11/25/2003

Breach of contract; equitable adjustment; motion for summary judgment; Rule 56; Federal Acquisition Regulation; Department of Defense Federal Acquisition Regulation Supplement; genuine issues of material fact

Signed by Judge Lettow.

02-1134C • CARABETTA ENTERPRISES INC, ET AL. v. THE UNITED STATES

Filed 11/25/2003
Summary Judgment; Low-Income Housing; Repayment Agreement; ELIHPA; LIHPRHA; Restatement (Second) of Contracts § 261; Contract Modification; Sovereign Acts Doctrine Signed by Judge Hodges.

03-2173C • SIERRA MILITARY HEALTH SERVICES, INC., v. THE UNITED STATES and TRIWEST HEALTHCARE ALLIANCE CORP. Defendant-Intervenor, ...

Filed 11/25/2003

SIERRA MILITARY HEALTH SERVICES, INC.,   v. THE UNITED STATES and TRIWEST HEALTHCARE ALLIANCE CORP. Defendant-Intervenor, HUMANA MILITARY HEALTHCARE SERVICES, INC., Defendant-Intervenor, and HEALTH NET FEDERAL SERVICES,INC., Defendant-Intervenor

Preliminary Injunction; Motion for Summary Judgment on the Administrative Record; Over-ride of Automatic Stay Under 31 U.S.C. § 3553(d)(3)(C); Standing; Interested Party; Rational Basis

Signed by Judge Merow.

458-79L & 459-79L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES & THE ARAPAHO INDIAN TRIBE OF THE WIND ...

Filed 11/24/2003

THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES & THE ARAPAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING v. THE UNITED STATES

Motion In Limine; Promissory Estoppel; Equitable Estoppel

Signed by Judge Hewitt.

03-2655C • SOFTWARE TESTING SOLUTIONS, INC., v. THE UNITED STATES

Filed 11/21/2003
Post-award bid protest; Application for temporary restraining order; GAO timeliness rule; Laches; Impact of delay in seeking injunctive relief on irreparable harm, balancing of harms and public interest; Unreasonably short period for responding to RFP; Improper sole source award based on RFP being "written around" specifications of particular vendor's product; Application for temporary restraining order denied Signed by Judge Allegra.

99-873C • KING-FISHER COMPANY v. THE UNITED STATES

Filed 11/20/2003
Attorney Disqualification; Attorney as Witness; Deposition of Opposing Counsel Signed by Judge Firestone.

01-683C • ROSILLA A. ADARBE, et al., v. THE UNITED STATES

Filed 11/19/2003

Failure to State a Claim; Subject Matter Jurisdiction; Employment Status of Foreign Service Nationals and Third Country Nationals; Foreign Service Act ("FSA"); 28 U.S.C. § 1502

Signed by Judge Firestone.

03-1424C • MALGORZATA DUSZAK v. THE UNITED STATES

Filed 11/18/2003
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Ripeness of Takings Claim; Procedure for Seeking Return of Property Unlawfully Seized in Connection with a Criminal Matter Signed by Judge Hewitt.

03-2371C • SPHERIX, INC., v. THE UNITED STATES and RESERVE AMERICA HOLDINGS, INC. Intervenor

Filed 11/17/2003
Bid protest; Public interest exception to the Competition In Contracting Act, 41 U.S.C. § 253(c)(7); Clear and convincing justification, 48 C.F.R. § 6.302-7 Signed by Judge Futey.

95-758T • NATIONAL WESTMINSTER BANK, PLC v. THE UNITED STATES

Filed 11/14/2003
U.S. - U.K. Treaty; Attribution of Capital to Branches of Foreign Banks Signed by Judge Firestone.

02-31C • JOHN DOE v. THE UNITED STATES

Filed 11/14/2003
Summary judgment; institutional ratification; unjust enrichment implied-in-fact contract; Tucker Act; Asset Forfeiture Fund; AFF; Tariff Act of 1930 Signed by Judge Damich.

02-342T • KRAFT FOODS NORTH AMERICA, INC.,as successor by merger to NABISCO, INC., RJREYNOLDS TOBACCO CO. as successor by merger to RJR ..

Filed 11/14/2003

KRAFT FOODS NORTH AMERICA, INC.,as successor by merger to NABISCO, INC., RJREYNOLDS TOBACCO CO. as successor by merger to RJR INDUSTRIES, INC., RJR NABISCO WASHINGTON, INC. and RJRN POLICY INSTITUTE, INC., RJ REYNOLDS TOBACCO HOLDINGS, INC., formerly known as RJR NABISCO, INC., and RJR ACQUISITION CORP., formerly known as RJR NABISCO HOLDINGS CORP.,O v. THE UNITED STATES

Federal Insurance Contribution Act (FICA); Federal Unemployment Tax Act; (FUTA); Title 26 U.S.C. § 3121; Nonqualified Deferred Compensation Plans; Severance Payment Plans; Section 3121(v)(2) Timing Rules; Vesting of Deferred Benefits for Tax Purposes

Signed by Judge Hodges.

01-88L • BAY-HOUSTON TOWING COMPANY, INC. AND J.H. HARTMAN CORPORATION Third-Party Plaintiff v. THE UNITED STATES

Filed 11/13/2003
Regulatory takings; Ripeness; Futility; Temporary takings Signed by Judge Bruggink.

01-16C • DYNCORP INFORMATION SYSTEMS, LLC v. THE UNITED STATES

Filed 11/10/2003
Contracts; Contract Disputes Act   of 1978, 41 U.S.C. § § 601-613 (2000); summary judgment; whether "in effect on the date of this contract" for purposes of applicable cost accounting standards means date contract executed or designated effective date; applicability of 41 C.F.R. (FAR) § 31.205-52 (1990); whether regulation preventing contractor from recovering costs on stepped-up assets does not apply because contract's effective date   preceded effective date of CAS standard; "fair and reasonable price," FAR § 15.802(b) (1990)   Signed by Judge Miller, C..

95-498C • AMERICAN FEDERAL BANK, FSB, v. THE UNITED STATES

Filed 11/07/2003
Winstar-related case; cross-motions for summary judgment on liability; authority to contract;
issue preclusion; contract formation; implied-in-fact
contract Signed by Judge Lettow.

03-2222C • INTEGRATED BUSINESS SOLUTIONS, INC., v. THE UNITED STATES

Filed 11/06/2003
Contracts —   Pre-award bid protest: After properly rejecting a late final proposal revision, agency was not required to consider an initial proposal Signed by Judge Williams.

95-518C • FIRST FEDERAL LINCOLN BANK v. THE UNITED STATES

Filed 11/06/2003
Winstar-related case; contracts; mutual intent to contract; offer, acceptance, and consideration Signed by Judge Margolis.

99-951C, 00-437C, 00-438C, 00-439C • CEMS, INC., v. THE UNITED STATES

Filed 11/05/2003
Breach of Contract; Equitable Adjustment; Implied Duty to Cooperate and Not to Hinder; Suspension of Work; Delay;
Differing Site Conditions; Changes; Constructive Changes; Damages Signed by Judge Horn.

98-553L • JAMES SARTORI, DAVID SARTORI, WILLOWBROOK COAL COMPANY, and WILLOWBROOK FARMS v. THE UNITED STATES

Filed 11/04/2003
Takings; motion to dismiss, RCFC 12(b)(1), (6); Clean Water Act, 33 U.S.C. § § 1311(a), 1344(a) (2000); wetlands, 40 C.F.R. § 232.2 (2002); discharge into wetlands, breach of contract, substantive due process; jurisdiction, Tucker Act 28 U.S.C. § 1491(a)(1) (2000) Signed by Judge Miller, C..

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