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FIRST NAT. CITY BANK v. UNITED STATES

No. 9-75.

548 F.2d 928 (1977)

FIRST NATIONAL CITY BANK v. The UNITED STATES.

United States Court of Claims.

January 26, 1977.

Attorney(s) appearing for the Case

Joseph H. Levie, New York City, atty. of record, for plaintiff. Franklin N. Meyer, New York City, of counsel.

Stephen Anderson, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. Leslie H. Wiesenfelder, Washington, D.C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG, and BENNETT, Judges, en banc.

ON REHEARING EN BANC

DAVIS, Judge.

This case, before the court on cross-motions for summary judgment, was first heard by a panel. On June 16, 1976, a majority of the panel determined that plaintiff bank was entitled to recover $54,369.37 free of defendant's set-offs; the issue of interest on the award was remanded to the Trial Division, 537 F.2d 426, 210 Ct.Cl. 375. The writer of the present opinion dissented in part, coming...

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