WASHINGTON MUT. INC. v. U.S.

No. 09-36109.

636 F.3d 1207 (2011)

WASHINGTON MUTUAL INC., as successor in interest to H.F. Ahmanson & Co. and Subsidiaries, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2011.


Attorney(s) appearing for the Case

Alan I. Horowitz , Steven R. Dixon , and Maria O'Toole Jones , Miller & Chevalier, Chartered, Washington, D.C., Thomas D. Johnston , Shearman & Sterling, Washington, D.C., for the plaintiff-appellant.

Arthur Thomas Catterall , Henry C. Darmstadter , David N. Geier , Teresa E. McLaughlin , and James E. Weaver , U.S. Department of Justice, Washington, D.C., Helen J. Brunner , Office of the U.S. Attorney, Seattle, WA, for the defendant-appellee.

Opinion by Judge B. FLETCHER; Concurrence by Judge FERNANDEZ.


OPINION

B. FLETCHER, Circuit Judge:

This is yet another case arising in the aftermath of the Government's efforts to contain the savings and loan crisis of the late 1970's and the early 1980's. In 1981, Home Savings of America, FSB ("Home Savings"), agreed to acquire three failing savings and loan associations, or thrifts. In exchange, the Federal Savings and Loan Insurance Corporation gave Home Savings a generous package of incentives that included, among...

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