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AMERICAN CAPITAL CORP. v. F.D.I.C.

Nos. 05-5150, 05-5152, 05-5159.

472 F.3d 859 (2006)

AMERICAN CAPITAL CORPORATION and TransCapital Financial Corporation, Plaintiffs-Cross Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Cross Appellant, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 30, 2006.

Attorney(s) appearing for the Case

Michael W. Kirk, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiffs-cross appellants American Capital Corporation and Transcapital Financial Corporation. With him on the brief were Charles J. Cooper, Vincent J. Colatriano and Nicholas A. Oldham.

Ashley Doherty, Federal Deposit Insurance Corporation, Legal Division, of Washington, DC, argued for plaintiff-cross appellant Federal Deposit Insurance Corporation. With her on the brief were Andrew C. Gilbert, John M. Dorsey, III., John V. Thomas, and Ellis Merritt, Jr., of Dallas, TX.

William F. Ryan, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director. Of counsel on the brief were Jeanne E. Davidson, Deputy Director, and James R. Whitman, Trial Attorney.

Before RADER, GAJARSA, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Opinion dissenting-in-part filed by Circuit Judge RADER.

GAJARSA, Circuit Judge.

This is a Winstar-related case. The United States, defendant-appellant, appeals from the final judgment of the Court of Federal Claims ("CFC") finding the United States liable for $109.309 million. American Capital Corporation ("ACC") and TransCapital Financial Corporation ("TFC"), plaintiffs-cross appellants, filed...

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