Cases Decided in the United States Court of Claims ... with Report of Decisions of the Supreme Court in Court of Claims Cases, Volume 152The Court, 1963 - Law reports, digests, etc |
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Page 7
... defendant's brief . The plaintiff alleges that he did not see some of the affi- davits considered by the Commission ... defendant further asserts the defense of laches , claim- ing that the plaintiff did not file his petition in this ...
... defendant's brief . The plaintiff alleges that he did not see some of the affi- davits considered by the Commission ... defendant further asserts the defense of laches , claim- ing that the plaintiff did not file his petition in this ...
Page 8
... defendant's motion for summary judgment is granted , the plaintiff's motion is denied , and the petition will be dismissed . It is so ordered . DURFEE , Judge ; LARAMORE , Judge ; MADDEN , Judge ; and WHITAKER , Judge , concur . S ...
... defendant's motion for summary judgment is granted , the plaintiff's motion is denied , and the petition will be dismissed . It is so ordered . DURFEE , Judge ; LARAMORE , Judge ; MADDEN , Judge ; and WHITAKER , Judge , concur . S ...
Page 57
... defendant had already accepted , including $ 10,908 for purchased parts , $ 1,400.58 for other contract costs , and $ 895.25 for settlement expenses , or a total of $ 13,203.83 for accepted ... DEFENDANT'S AFFIRMATIVE S. HARVEY KLEIN 57.
... defendant had already accepted , including $ 10,908 for purchased parts , $ 1,400.58 for other contract costs , and $ 895.25 for settlement expenses , or a total of $ 13,203.83 for accepted ... DEFENDANT'S AFFIRMATIVE S. HARVEY KLEIN 57.
Page 58
... DEFENDANT'S AFFIRMATIVE DEFENSE OF FRAUD AND SECOND COUNTERCLAIM 37. The defendant contends that Beam's claim should be forfeited under 28 U.S.C. § 2514 and 41 U.S.C. § 119 , because of fraud in connection with Beam's presenting of ...
... DEFENDANT'S AFFIRMATIVE DEFENSE OF FRAUD AND SECOND COUNTERCLAIM 37. The defendant contends that Beam's claim should be forfeited under 28 U.S.C. § 2514 and 41 U.S.C. § 119 , because of fraud in connection with Beam's presenting of ...
Page 61
... DEFENDANT'S THIRD COUNTERCLAIM 50. In its third counterclaim , the defendant contends that Beam violated the False Claims Act , Revised Statutes §§ 3490 and 5438 , 31 U.S.C. § 231 , and counterclaims for double damages and penalties ...
... DEFENDANT'S THIRD COUNTERCLAIM 50. In its third counterclaim , the defendant contends that Beam violated the False Claims Act , Revised Statutes §§ 3490 and 5438 , 31 U.S.C. § 231 , and counterclaims for double damages and penalties ...
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action active duty agreement aluminum amount appeal approved Army Attorney August 21 Beam Beam's Board cable Canal Case-American claim Commission Commissioner completed contract 955 Contracting Officer Contractor corporation cost Court 152 Ct damages default defendant defendant's delay delivery determined disability District dredging easement Eminent domain entitled to recover expenses Fact 152 Ct filed Findings of Fact follows Freedom Fair Goldenberg Government income Internal Revenue Internal Revenue Code invoice January January 18 Judge July June June 27 Kaiser land lease lessee letter dated letters of intent liability ment motion Navy Northern Pacific Railway November November 20 October October 20 October 31 operation Opinion paid partial payment percent performance piers piles plaintiff plants prior profits purchase pursuant quay wall received refund requested retired pay Reynolds riprap rocky fill ships Stat statute summary judgment termination tion Troutdale United
Popular passages
Page 466 - ... Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not...
Page 206 - All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void...
Page 207 - ... after the allowance of such a claim, the ascertainment of the amount due and the issuing of a warrant for the payment thereof.
Page 171 - The rights and remedies of the Government provided in this clause shall not be exclusive and are In addition to any other rights and remedies provided by law or under this contract.
Page 37 - Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and In whicn the Government has or may acquire an interest.
Page 833 - In the case of a failure to make and file a declaration of estimated tax within the time prescribed, unless such failure is shown to the satisfaction of the Commissioner to be due to reasonable cause and not to willful neglect...
Page 38 - Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer, upon request of the Contractor made in writing within such one year period or authorized extension thereof.
Page 41 - Contractor, from the effective date of termination and for a period of three years after final settlement under this contract, shall preserve and make available to the Government at all reasonable times at the...
Page 37 - ... terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination...
Page 16 - The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government.