CALIFORNIA FEDERAL BANK, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Cross Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: January 19, 2005.
DECIDED: January 19, 2005.
Attorney(s) appearing for the Case
Mark A. Perry, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were John C. Millian, Theodore J. Boutrous, Jr., Paul Blankenstein, and Andrew S. Tulumello. Of counsel was Thomas G. Hungar.
Lee M. Straus, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross-appellant. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Tarek Sawi, Trial Attorney.
Before MAYER, BRYSON, and LINN, Circuit Judges.
United States Court of Appeals, Federal Circuit.
BRYSON, Circuit Judge.
This case, like others that have reached this court in the wake of the Supreme Court's decision in United States v. Winstar,518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996), involves a claim of breach of contract based on the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act ("FIRREA"), Pub.L. No. 101-73, 103 Stat. 183 (1989). In the 1980s, in the midst of the savings and...
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