LANDMARK LAND CO., INC. v. F.D.I.C.

Nos. 00-5065, 00-5073 and 00-5074.

256 F.3d 1365 (2001)

LANDMARK LAND COMPANY, INC., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. United States, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 24, 2001.


Attorney(s) appearing for the Case

Paul M. Fish, Modrall, Sperling, Roehl Harris & Sisk, P.A., of Albuquerque, New Mexico, argued for plaintiff-appellant. With him on the brief was R.E. Thompson.

John V. Thomas, Associate General Counsel, Federal Deposit Insurance Corporation — Receivership Goodwill, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Richard S. Gill, John M. Dorsey, III, Dorothy A. Doherty, of Washington, DC; and Norman Friedman, Richard S. Falkow, and Richard H. Kamp, of Dallas, Texas.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Jeanne E. Davidson, Deputy Director; Arlene P. Groner, Glenn Chernigoff, Gary Dernelle, Richard B. Evans, Tom Forgue, Elizabeth Frank, Craig Gottlieb, Joanne Johnson, Delisa Sanchez, Tarek Sawi, and Tonya J. Williams, Trial Attorneys.

Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amicus curiae Plaintiffs' Coordinating Committee.

Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.


MICHEL, Circuit Judge.

This is a Winstar-related case. Landmark Land Company ("Landmark") appeals from the judgment of the Court of Federal Claims, which awarded $21.5 million to Landmark for the government's breach of a 1982 contract and $17.7 million to the Federal Deposit Insurance Corporation ("FDIC") for the government's breach of a 1986 contract. The court granted summary judgment on the issue of liability, holding the government liable as to both Landmark...

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