ANCHOR SAV. BANK, FSB v. U.S.

Nos. 2008-5175, 2008-5182.

597 F.3d 1356 (2010)

ANCHOR SAVINGS BANK, FSB, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 10, 2010.


Attorney(s) appearing for the Case

Edwin L. Fountain, Jones Day, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Michael A. Carvin, Adrian Wager-Zito, Gregory A. Castanias, Michael S. Fried, Geoffrey S. Irwin, Debra Satinoff Clayman, Erin M. Fishman and Hashim M. Mooppan; and George T. Manning, of Dallas, TX.

John J. Todor, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director. Of counsel on the brief were Kenneth M. Dintzer, Assistant Director, and Scott D. Austin, Senior Trial Counsel. Of counsel were Brian A. Mizoguchi and Delisa M. Sanchez, Trial Attorneys.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This is one of the last of the "Winstar" cases arising out of the savings and loan crisis of the late 1970s and early 1980s. See United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). During those years, high interest rates and inflation placed hundreds of savings and loan institutions, or "thrifts," in severe financial distress. In order to prevent the thrifts' collapse...

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