BANK OF AMERICA NAT. TRUST AND SAV. ASS'N v. U.S.

Nos. 93-5059, 93-5060.

23 F.3d 380 (1994)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Plaintiff/Cross-Appellant, v. The UNITED STATES, Defendant/Third Party Plaintiff-Appellee, v. Maurice L. BIANCHI, Third Party Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 23, 1994.


Attorney(s) appearing for the Case

Michael L. Burack, Wilmer, Cutler & Pickering, Washington, DC, argued for plaintiff/cross-appellant. With him on the brief were Eric R. Markus and Lydia R. Pulley.

Mark A. Melnick, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant/third party plaintiff-appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Sandra Guydon, Office of Philadelphia, Pennsylvania and Joel K. Meese, Small Business Admin., of counsel.

Michael A. Hordell, Petrillo & Hordell, Washington, DC, argued for third party defendant-appellant. With him on the brief was Eric L. Lipman, of counsel. Mr. Hordell and the law firm of Petrillo & Hordell, withdrew as counsel of record with the courts permission before the matter was decided.

Before RICH, MAYER, and LOURIE, Circuit Judges.


PER CURIAM.

Maurice L. Bianchi appeals the judgment of the United States Court of Federal Claims,1 No. 90-3961C, entered pursuant to the grant of summary judgment in favor of the United States, and the denial of his cross-motion for summary judgment. Bank of America likewise appeals the court's grant of summary judgment in favor of the United States against it, and the denial of its motion for...

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