A transaction that is unlawful or illusory. Illusory transactions that exist on ...
United States Court of Claims Court Cases
Hanley v. United States (1945)Plaintiff is the administrator of the estate of William G. Potts, a resident of the State of Florida, who died on September 3, 1937. He sues (1) for interest on an overpayment of estate taxes; and (2) for refund of taxes paid on an alleged excessive assessment of estate taxes resulting from an undervaluation of the remainder interest in a trust which had been devised to Loyola University of Chicago, which was an educational institution, gifts to which are deductible in determining the net [...]
Court: United States Court of Claims Docket: 45644
Boruski v. United States (1957)This is a suit for the recovery of pay and allowances and other benefits to which plaintiff would otherwise have been entitled from the date of the execution of a court-martial conviction and sentence for manslaughter on July 23, 1945, to August 28, 1951, the date that sentence was vacated by the Judge Advocate General of the Air Force pursuant to authority granted him by Article of War 53[*] and the Act of May 5, 1950, 50 U.S.C.A. § 740, 64 Stat. 147, and an honorable discharge substituted [...]
Court: United States Court of Claims Docket: 418-56
On May 28, 1947, the plaintiff entered into a contract with the Quartermaster Corps of the United States Army to furnish a specified amount of powdered laundry soap. It alleges that the defendant breached the contract in failing to supply shipping instructions, thus preventing it from accelerating delivery.
Court: United States Court of Claims Docket: 49543
Washington v. United States (1957)
Plaintiff, a preference eligible within the meaning of the Veterans' Preference Act of 1944, as amended, 5 U.S.C.A. § 851 et seq., sues to recover wages which he alleges are due him as a result of his unlawful removal from his position as a clerk in the City Post Office of the District of Columbia. Both parties move for summary judgment.
Court: United States Court of Claims Docket: 44-56
In a suit by plaintiff Fansteel Metallurgical Corporation under a supply contract, the Government has counterclaimed for alleged overpayments to plaintiff. Plaintiff has filed motion for summary judgment dismissing the counterclaim on the ground that plaintiff's affirmative defenses to the counterclaim cannot be denied and are dispositive of defendant's counterclaim. The affirmative defenses are: (1) The defendant is precluded, as a matter of law, from recovering on its counterclaim because of [...]
Court: United States Court of Claims Docket: 170-58
The plaintiff, Continental Casualty Company, wrote payment and performance bonds as surety for Pennsylvania Drydock and Shipbuilding Co., Inc., on contracts which the latter company had with the United States. Pennsylvania Drydock went into bankruptcy leaving unpaid bills incurred in its performance of the contracts. The plaintiff paid those bills pursuant to its obligation on its bonds. The United States has not paid Pennsylvania Drydock all that that company was entitled to under its [...]
Court: United States Court of Claims Docket: 63-57
Adler v. United States (1956)
The plaintiffs in the above styled cases were supervisory employees at the New York Naval Shipyard, Brooklyn, New York. Upon the termination of World War II, quite a number of employees of the shipyard were discharged, which resulted in an excess number of supervisory employees, necessitating a reduction in the force of these supervisory employees. Plaintiffs were demoted incident to this reduction in force. They were veterans and were, therefore, preference eligibles.
Court: United States Court of Claims Docket: 266-53, 465-53, 522-53, 640-53
Guggenheim v. United States (1948)Plaintiff sues to recover $10,093.11 income tax plus certain interest, alleged to have been overpaid for 1938 and 1939 by reason of the failure of the defendant to allow deductions for certain nontrade and nonbusiness expenses which were not allowable at the time plaintiff's returns were audited but which plaintiff claims are allowable now by reason of Section 121(a) (2) of the Revenue Act of 1942, 56 Stat. 798, 26 U.S.C.A.Int.Rev.Acts, page 187. The defense is not only on the merits but also [...]
Court: United States Court of Claims Docket: 46775
In our former opinion, 116 Ct.Cl. 679, 90 F.Supp. 963, 965, we held that plaintiff was "entitled to recover such amount as this court may finally determine is proper as an equitable adjustment on account of the latent conditions encountered which differed from those which plaintiff had a right to expect." We said, however, that "plaintiff is limited to a recovery based upon the finding of the head of the department on October 30, 1937, that the latent conditions encountered which entitle [...]
Court: United States Court of Claims Docket: 45658
Gadsden v. United States (1948)
Plaintiff, a former employee of the Veterans Administration of the United States, sues for the salary of which he alleges he has been illegally deprived. He alleges that on July 26, 1947 he was discharged from his position with the Veterans' Administration "without cause, wrongfully, illegally and maliciously." The defendant demurs on the ground that his petition does not allege facts sufficient to state a cause of action.
Court: United States Court of Claims Docket: 48563
Lovett v. United States (1945)
John C. Gall, of Washington, D. C., (Dean Hill Stanley, William F. Howe, Karl M. Dollak, Jos. G. Butts, Jr., and John E. Ritzert, all of Washington, D. C., and Clark M. Robertson, of Milwaukee, Wis., on the brief), for the Congress of the United States.
Court: United States Court of Claims Docket: 46026-46028
Watson v. United States (1958)
On October 14, 1957, the Supreme Court granted plaintiff's petition for writ of certiorari and vacated the judgment of this court (137 Ct.Cl. 557, 581), remanding the case to us for consideration in the light of the decision of the Supreme Court in Service v. Dulles, 1957, 354 U.S. 363, 77 S.Ct. 1152, 1 L.Ed. 2d 1403. See 355 U.S. 14, 78 S.Ct. 18, 2 L.Ed.2d 23, and order of this court dated December 4, 1957.
Court: United States Court of Claims Docket: 49895
This suit arises out of a contract to construct an airport at Zanesville, Ohio, and the petition is stated in two counts. Count one of the petition, a Lucas Act, 41 U.S.C.A. § 106 note, claim, was dismissed by this court on January 8, 1952. Count two is a contract claim for equipment rental and expense, ditch rock excavation, gravel processing plant, overtime wages, delayed damages, unpaid balance of contract price, shale excavation and rock excavation.
Court: United States Court of Claims Docket: 47331
Matson v. United States (1959)
This is an action to recover compensation for the taking of plaintiffs' property by the United States through its use of the property's navigable airspace, below minimum altitudes of flight, between June 1952 and June 1956, when the petition was filed. Plaintiffs' petition sounds both in damages and as for a taking.
Court: United States Court of Claims Docket: 268-56
The only question in this case is whether the formal refund claim for 1928 and 1929 filed by plaintiff October 31, 1932, can be held to have been a perfection of informal claims filed by plaintiff with the collector shortly after June 26, 1930. The informal claims were written on the backs of the two checks executed on that date, payable to and delivered to the Collector of Internal Revenue, as follows: "This check is accepted as paid under protest pending final decision of the higher courts."
Court: United States Court of Claims Docket: 42878
Williams v. United States (1955)
This case involves a contract between the plaintiffs and the defendant for the construction of a paved road at Fairbanks, Alaska. The facts have been set out in detail in our findings and will be referred to only to the extent necessary for an understanding of the issues which gave rise to the suit.
Court: United States Court of Claims Docket: 50403
The N. P. Severin Company, a partnership, under contract with the Government, furnished materials and performed certain work at a low-cost housing project known as Lockfield Gardens, in Indianapolis, Indiana. The lump-sum price was $2,440,921.
Court: United States Court of Claims Docket: 45741
Clyde P. Bailey, Pittsburgh, Pa., and D. C. Colladay, Washington, D. C., for Fidelity Trust Company. Weller, Wicks & Wallace, Pittsburgh, Pa., Edward F. Colladay and Colladay & Colladay, Washington, D. C., were on the briefs.
Court: United States Court of Claims Docket: 252-55
Friedman v. United States (1958)
Plaintiff brings suit to recover disability retired pay from February 10, 1947, to the date of judgment herein, on the ground that the Air Force Board for the Correction of Military Records acted arbitrarily, capriciously and contrary to law in denying plaintiff's application for correction of his records to show him incapacitated for active duty and entitled to disability retirement with pay as of the date of his release to inactive duty on February 10, 1947.
Court: United States Court of Claims Docket: 130-55
Marion N. Fisher, New York City, for plaintiff. Leon L. Rice, Jr., W. P. Sandridge, Winston-Salem, N. C., Philip C. Potter, Jr., Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, and Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., were on the briefs.
Court: United States Court of Claims Docket: 254-54