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UNITED STATES v. WINSTAR CORP.

No. 95-865.

518 U.S. 839 (1996)

UNITED STATES v. WINSTAR CORP. et al.

United States Supreme Court.

Decided July 1, 1996.

Attorney(s) appearing for the Case

Deputy Solicitor General Bender argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Hunger, James A. Feldman, Douglas Letter, and Jacob M. Lewis.

Joe G. Hollingsworth argued the cause for respondent Glendale Federal Bank, FSB. With him on the brief were Jerry Stouck, Donald W. Fowler, Catherine R. Baumer, Carter G. Phillips, Richard D. Bernstein, Theodore R. Posner, and Jesse H. Choper. Charles J. Cooper argued the cause for respondents Winstar Corp. et al. With him on the brief were Michael A. Carvin, Robert J. Cynkar, and Vincent J. Colatriano.*

Souter, J., announced the judgment of the Court and delivered an opinion, in which Stevens and Breyer, JJ., joined, and in which O'Connor, J., joined except as to Parts IV—A and IV—B. Breyer, J., filed a concurring opinion, p. 910. Scalia, J.,filed an opinion concurring in the judgment, in which Kennedy and Thomas, JJ., joined, p. 919. Rehnquist, C. J., filed a dissenting opinion, in which Ginsburg, J., joined as to Parts I, III, and IV, p. 924.

Justice Souter announced the judgment of the Court and delivered an opinion, in which Justice Stevens and Justice Breyer join, and in which Justice O'Connor joins except as to Parts IV—A and IV—B.

The issue in this case is the enforce ability of contracts between the Government and participants in a regulated industry, to accord them particular regulatory treatment in exchange for their assumption of liabilities that threatened to produce claims against...

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