green
Positive treatment
Quoted verbatim 3×
6.0 score
G Cite
cited 2× by 2 distinct cases, last quoted 2002 · 2 courts ·
…requiring money to be spent is not a taking of property.
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Ervin & Associates, Inc. v. United States
the existence of an express contract precludes the existence of an implied contract dealing with the same subject, unless the implied contract is entirely unrelated to the express contract.
discussed
Cited as authority (quoted)
Emerald International Corp. v. United States
requiring money to be spent is not a taking of property.
discussed
Cited as authority (quoted)
Templeton Coal Co., Inc. v. Shalala
requiring money to be spent is not a taking of property.
cited
Cited "see"
GRACIANO v. DAVIS
See Toulson v. Beyer, 987 F.2d 984, 987 (3d Cir. 1993) (citing Landano v. Rafferty, 897 F.2d 661, 688 (3d Cir. 1990) cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 23 (1990).
cited
Cited "see"
AmeriSource Corp. v. United States
See Atlas Corp. v. United States, 895 F.2d 745, 757-58 (Fed.Cir.1990), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990).
cited
Cited "see"
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.
See Carter v. Gibbs, 909 F.2d 1450, 1451 (Fed.Cir.1990) (in banc), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990).
discussed
Cited "see"
Camacho v. Commonwealth of Puerto Rico
See Landano v. Rafferty, 897 F.2d 661, 668 (3rd Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 23 (1990); Santana v. Fenton, 685 F.2d 71, 73 (3rd Cir.1982), cert. denied, 459 U.S. 1115 , 103 S.Ct. 750 , 74 L.Ed.2d 968 (1983).
discussed
Cited "see"
C.W. Over & Sons, Inc. v. United States
See Dairyland Power Coop. v. United States, 16 F.3d 1197, 1202 (Fed.Cir.1994) (citing Atlas Corp. v. United States, 895 F.2d 745, 750 (Fed.Cir.1990), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990)).
discussed
Cited "see"
Dairyland Power Cooperative v. United States
See id. at 813 (quoting Atlas Corp. v. United States, 895 F.2d 745, 750 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990)) (reciting the fourth requirement to establish mutual mistake that the relevant contract not put the risk of the mistake on the party seeking reformation).
discussed
Cited "see"
Saraco v. Hallett
See generally Carter v. Gibbs, 909 F.2d 1452 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990) (Pursuant to the Civil Service Reform Act,’where federal employees are covered by a collective bargaining agreement under which overtime claims are subject to negotiated grievance procedures, the, grievance procedures are the exclusive niechanism for resolution of such claims).
discussed
Cited "see"
Landano v. Rafferty
See Landano v. Rafferty, 670 F.Supp. 570 (D.N.J.1987), aff’d, 856 F.2d 569 (3d Cir.1988), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1127 , 103 L.Ed.2d 189 (1989), and Landano v. Rafferty, 126 F.R.D. 627 (D.N.J.1989), rev’d, 897 F.2d 661 (3d Cir.), cert. denied, - U.S. -, 111 S.Ct. 46 , 112 L.Ed.2d 23 (1990). .
cited
Cited "see"
Larry Gene Hull v. Robert M. Freeman Ernest D. Preate, Jr., Attorney General
See Landano v. Rafferty, 897 F.2d 661, 668 (3d Cir.), cert. denied, — U.S. -, 111 S.Ct. 46 , 112 L.Ed.2d 23 (1990).
discussed
Cited "see, e.g."
Crusan v. United States
When a defendant moves for judgment on the pleadings, the court “must assume each well-pled factual allegation to be true and indulge in all reasonable inferences in favor of the nonmovant. . . .” Owen v. United States, 851 F.2d 1404, 1407 (Fed.Cir.1988); see also Hamilton v. United States, 85 Fed.Cl. 206, 210 (2008) (“ ‘[E]ach of the well-pled allegations in the complaint[ ] is assumed to be correct, and the court must indulge all reasonable inferences in favor of the plaintiffs.’ ” (quoting Atlas Corp. v. United States, 895 F.2d 745, 749 (Fed.Cir.) (brackets in original), cert. d…
discussed
Cited "see, e.g."
Klamath Irrigation District v. United States
See, e.g., Atlas Corp. v. United States, 895 F.2d 745, 754 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990) (Uranium Mill Tailings Radiation Control Act "and its regulations are sovereign acts which the government has undertaken for the public good;” "[t]hose acts are not a contractual modification of the agreement ... and cannot alone serve as the basis for a breach claim”); Tony Downs Foods Co. v. United States, 209 Ct.Cl. 31 , 530 F.2d 367, 370-71 (1976) (sovereign acts doctrine barred price relief where excess costs were the result of an Executive order); B…
discussed
Cited "see, e.g."
Frymire v. United States
An implied-in-fact contract, such as is asserted in the present case, is one ‘“founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding.’ ” Porter v. United States, 204 Ct.Cl. 355, 365-66 , 496 F.2d 583, 590 (1974), cert. denied, 420 U.S. 1004 , 95 S.Ct. 1446 , 43 L.Ed.2d 761 (1975) (quoting Baltimore & O.R. v. United States, 261 U.S. 592, 597 , 58 Ct.Cl. 709 , 43 S.Ct. 425 , 67 L.Ed. 816 (1923)); see also Atlas Corp. v. Unit…
cited
Cited "see, e.g."
Lindsay v. United States
See, e.g., Atlas Corp. v. United States, 895 F.2d 745, 750 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990).
discussed
Cited "see, e.g."
Trauma Service Group, Ltd. v. United States
See, e.g., Atlas Corp. v. United States, 895 F.2d 745, 755 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990); see also United States v. Mitchell, 463 U.S. 206, 218 , 103 S.Ct. 2961, 2968 , 77 L.Ed.2d 580 (1983); United States v. Minnesota Mutual Co. Inc., 271 U.S. 212, 217 , 46 S.Ct. 501, 502 , 70 L.Ed. 911 (1926).
discussed
Cited "see, e.g."
Eastman v. United States
Moore, Moore’s Federal Practice ¶ 12.15, at 12-140 (2d ed. 1995); see also Atlas Corp. v. United States, 895 F.2d 745, 749 (Fed.Cir.), ce rt. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990) (citing Scheuer v. Rhodes, 416 U.S. 232, 236 , 94 S.Ct. 1683, 1686 , 40 L.Ed.2d 90 (1974)).
discussed
Cited "see, e.g."
Walter Dawgie Ski Corp. v. United States
See, e.g., Atlas Corp. v. United States, 895 F.2d 745, 754 (Fed.Cir.), cert. denied, 498 U.S. 811 , 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990); Sun Oil Co. v. United States, 215 Ct.Cl. 716, 768 , 572 F.2d 786, 817 (1978); Amino Bros.
discussed
Cited "see, e.g."
Winstar Corp. v. United States
In the case of private parties, the burden of such a change in the law (or the benefit) is usually borne (or enjoyed) by the party on which it falls, unless responsibility is otherwise assigned in the contract. 10 Similarly, when the United States is sued as a contractor, the “Sovereign Acts Doctrine” absolves it of liability “for an obstruction to the performance of the particular contract resulting from its public and general acts as a sovereign.” Horowitz, 267 U.S. at 461 , 45 S.Ct. at 344 (Railroad Administration embargo on shipments of silk); see also Atlas Corp. v. United States,…
discussed
Cited "see, e.g."
Winstar Corporation v. United States
In the case of private parties, the burden of such a change in the law (or the benefit) is usually borne (or enjoyed) by the party on which it falls, unless responsibility is otherwise assigned in the contract. 10 Similarly, when the United States is sued as a contractor, the "Sovereign Acts Doctrine" absolves it of liability "for an obstruction to the performance of the particular contract resulting from its public and general acts as a sovereign." Horowitz, 267 U.S. at 461 , 45 S.Ct. at 344 (Railroad Administration embargo on shipments of silk); see also Atlas Corp. v. United States, 895 F.2…
discussed
Cited "see, e.g."
Winstar Corp. v. United States
In the case of private parties, the burden of such a change in the law (or the benefit) is usually borne (or enjoyed) by the party on which it falls, unless responsibility is otherwise assigned in the contract. 10 Similarly, when the United States is sued as a contractor, the “Sovereign Acts Doctrine” absolves it of liability “for an obstruction to the performance of the particular contract resulting from its public and general acts as a sovereign.” Horowitz, 267 U.S. at 461 , 45 S.Ct. at 344 (Railroad Administration embargo on shipments of silk); see also Atlas Corp. v. United States,…
cited
Cited "see, e.g."
American Continental Corp. v. United States
See, e.g., Atlas Corp. v. United States, 895 F.2d 745, 758 (Fed.Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 46 , 112 L.Ed.2d 22 (1990).
Retrieving the full opinion text from the archive…
ATLAS CORPORATION
v.
UNITED STATES
v.
UNITED STATES
No. 89-1705.
Supreme Court of the United States.
Oct 1, 1990.
111 S. Ct. 46
Published
Citer courts: Federal Claims (2) · S.D. Indiana (1)
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.
Denied.