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CALIFORNIA HOUSING SECURITIES, INC. v. U.S.

No. 91-5092.

959 F.2d 955 (1992)

CALIFORNIA HOUSING SECURITIES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 24, 1992.

Attorney(s) appearing for the Case

Robert K. Huffman, Miller & Chevalier, Washington, D.C., argued, for plaintiff-appellant. With him on brief was Leonard Bickwit, Jr.

Shalom Brilliant, of the Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., and David M. Cohen, Director.

Before RICH, NEWMAN and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

California Housing Securities, Inc. (CHS) appeals from an order of the United States Claims Court, No. 90-467C (April 2, 1991), granting summary judgment to the United States. The Claims Court held that the appointment and subsequent actions of the Resolution Trust Corporation (RTC) as conservator and receiver of Saratoga Savings and Loan Association (Saratoga) were not a compensable taking under the fifth amendment to the United States Constitution...

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