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LEIDER v. U.S.

No. 01-1097.

301 F.3d 1290 (2002)

Richard LEIDER, Plaintiff-Appellant, v. UNITED STATES, United States Treasury Department, and Paul H. O'Neill, Secretary of the Treasury, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied: October 23, 2002.

Attorney(s) appearing for the Case

John Glugoski, Righetti & Wynne, of San Francisco, CA, argued for plaintiff-appellant. On the brief was Matthew Righetti.

Katherine M. Kelly, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Marc I. Seldin, Senior Attorney, Financial Management Service, Department of Treasury, of Washington, DC.

Before SCHALL, BRYSON, and DYK, Circuit Judges.

Rehearing and Rehearing En Banc Denied: October 23, 2002.

SCHALL, Circuit Judge.

Richard Leider brings this case to us from the United States District Court for the Northern District of California. Mr. Leider brought suit in the district court seeking compensation from the United States under the Fifth Amendment to the Constitution for the alleged taking by the government of interest accumulated in a bankruptcy creditor account. The district court granted...

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