GLENDALE FEDERAL BANK, FSB v. U.S.

Nos. 03-5136, 03-5139.

378 F.3d 1308 (2004)

GLENDALE FEDERAL BANK, FSB, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 9, 2004.


Attorney(s) appearing for the Case

Richard D. Bernstein, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Carter G. Phillips, Jacqueline G. Cooper, Jay T. Jorgensen and Joseph R. Palmore. Of counsel on the brief were Ronald W. Stevens, Kirkpatrick & Lockhart LLP, of Los Angeles, CA and Joseph J. Brigati, of Washington, DC. Of counsel was Jonathan F. Cohn, Sidley Austin Brown & Wood LLP, of Washington, DC.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Stuart E. Schiffer, Deputy Assistant Attorney General. Of counsel on the brief were Jeanne E. Davidson, Deputy Director; William F. Ryan, Assistant Director; Colleen Conry, Henry R. Felix, F. Jefferson Hughes and Tarek Sawi, Trial Attorneys. Of counsel was Jane M.E. Peterson, Trial Attorney.

Before MAYER, Chief Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.


PLAGER, Senior Circuit Judge.

In this Winstar-series case, the United States appeals the award by the Court of Federal Claims, Senior Judge Loren Smith, to Glendale Federal Bank, FSB ("Glendale") of $381 million in "wounded bank" damages; Glendale cross-appeals the trial court's denial of another $527.5 million in reliance damages.1

1.

This is the second appeal on the damages question. The first appeal arose after a lengthy...

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