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TRANSCAPITAL FINANCIAL, CORP. v. OFFICE THRIFT SUPERVISION

No. 93-5260.

44 F.3d 1023 (1995)

TRANSCAPITAL FINANCIAL CORPORATION and American Capital Corporation, Appellants, v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, as Successor to the Federal Home Loan Bank Board, In His Official Capacity and the Federal Deposit Insurance Corporation, as Successor to Federal Savings & Loan Insurance Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1995.

Attorney(s) appearing for the Case

Vincent J. Colatriano, Washington, DC, argued the cause for appellants. With him on the briefs was Charles J. Cooper, Michael A. Carvin and Robert J. Cynkar, Washington, DC, entered their appearance for appellants.

Douglas Letter, Counsel, U.S. Dept. of Justice, Washington, DC, argued the cause for appellees. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., Eric H. Holder, Jr., U.S. Atty., Edward T. Swaine, Atty., U.S. Dept. of Justice; Douglas H. Jones, Acting Gen. Counsel, and Thomas A. Schulz, Asst. Gen. Counsel, F.D.I.C., Thomas J. Segal, Deputy Chief Counsel, Aaron B. Kahn, Asst. Chief Counsel, and Kerry W. Kircher, Atty., Office of Thrift Supervision, Washington, DC.

Before SILBERMAN, BUCKLEY and TATEL, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Appellants Transcapital Financial Corporation and American Capital Corporation, holding companies of the now-defunct Transohio Savings Bank, challenge the district court's dismissal with prejudice of appellants' takings claim against the Office of Thrift Supervision ("OTS") and the Federal Deposit Insurance Corporation ("FDIC"). The FDIC cross-appeals the district...

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