GLENDALE FEDERAL BANK, FSB v. U.S.

Nos. 99-5103, 99-5113.

239 F.3d 1374 (2001)

GLENDALE FEDERAL BANK, FSB, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 16, 2001.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley & Austin, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Richard D. Bernstein, Jacqueline G. Cooper, and Katherine L. Adams. Of counsel on the brief were Ronald W. Stevens, Joseph J. Brigati, and Gilbert C. Miller, Kirkpatrick & Lockhart L.L.P., of Washington, DC. Of counsel were Bruce H. Nielson, Richard L. Thornburgh, and John F. Bartos, Jr., of Kirkpatrick & Lockhart L.L.P., of Washington, DC.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Jeanne E. Davidson, Deputy Director; Rodger D. Citron, Colleen Conry, Tarek Sawi, Trial Attorneys; and Thomas M. Bondy, Scott R. McIntosh, and Susan Pacholski, Appellate Staff. Of counsel was William F. Ryan, Attorney, Commercial Litigation Branch.

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

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

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


PLAGER, Senior Circuit Judge.

The issue in this case is how to measure the damages sustained by savings and loan institutions as a result of the breach by the United States of contracts it made with these organizations during the savings and loan crisis of the late 1970s and early 1980s. In Winstar Corp. v. United States, 64 F.3d 1531 (Fed.Cir.1995), this court upheld the judgment...

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