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BLUEBONNET SAVINGS BANK v. U.S.

No. 00-5128.

266 F.3d 1348 (2001)

BLUEBONNET SAVINGS BANK, F.S.B., Stone Capital, Inc. (formerly known as CFSB Corporation), and James M. Fail, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 20, 2001.

Attorney(s) appearing for the Case

Mitchell R. Berger, Patton Boggs LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Michael J. Schaengold, and Ugo Colella. Of counsel on the brief were I. Thomas Bieging, and Catherine M. Grainger, McKenna & Cueno LLP, of Denver, Colorado.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeanne E. Davidson, Deputy Director; Elizabeth M. Hosford, Craig Gottlieb, and Kenneth Dintzer, Trial Attorneys.

Before MAYER, Chief Judge, RADER and LINN, Circuit Judges.

MAYER, Chief Judge.

Bluebonnet Savings Bank, FSB, Stone Capital, Inc. (formerly known as CFSB Corporation), and James M. Fail (collectively "Bluebonnet") appeal the judgments of the United States Court of Federal Claims (1) holding on summary judgment that the passage of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Pub. L. 101-73, 103 Stat. 183 (1989), and its implementing regulations and related agency actions, breached a contract between...

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