CALIFORNIA FEDERAL BANK, FSB v. U.S.

Nos. 99-5108, -5119.

245 F.3d 1342 (2001)

California Federal Bank, Fsb, Plaintiff-Cross Appellant, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: April 3, 2001.


Attorney(s) appearing for the Case

Theodore B. Olson, Gibson, Dunn & Crutcher, LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Theodore J. Boutrous, Jr., Mark A. Perry, and David B. Salmons. Of counsel were John C. Millian, and Paul Blankenstein.

Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief was David M. Cohen, Director, Commercial Litigation Branch. Of counsel on the brief were Lee M. Straus, Elizabeth W. Newsom, Kenneth M. Kulak, Tarek Sawi, and Teresa A. Kolb, Attorneys, Commercial Litigation Branch. Also of counsel on the brief were Scott R. McIntosh, Special Counsel; Thomas M. Bondy, and Susan Pacholski, Trial Attorneys, Appellate Staff. Of counsel was Jonathan Lawlor, Trial Attorney, Commercial Litigation Branch.

Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amicus curiae Plaintiffs' Coordinating Committee. Of counsel on the brief were Charles J. Cooper, and Steven S. Rosenthal, Cooper, Carvin & Rosenthal, PLLC, of Washington, DC; and Melvin A. Garbow, Arnold & Porter, of Washington, DC.

John V. Thomas, Assistant General Counsel, Federal Deposit Insurance Corporation, of Washington, DC, amicus curiae for Federal Deposit Insurance Corporation. With him on the brief were Dorothy A. Doherty, Counsel; John M. Dorsey III, Senior Counsel; and Richard Gill, Counsel.

Before MAYER, Chief Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.


MAYER, Chief Judge.

The United States appeals the summary judgment of the United States Court of Federal Claims holding the government liable for breach of its contract with California Federal Bank (Cal Fed) pertaining to the regulatory treatment of a series of mergers of Cal Fed with other thrifts. See California Fed. Bank v. United States, 39 Fed.Cl. 753 (1997) (Cal Fed I). Cal Fed cross-appeals the Court of Federal Claims' denial of lost profits and...

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