LASALLE TALMAN BANK, F.S.B. v. U.S.

Nos. 00-5005, 00-5027.

317 F.3d 1363 (2003)

LaSALLE TALMAN BANK, F.S.B., Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 13, 2003.


Attorney(s) appearing for the Case

Wilber H. Boies, McDermott, Will & Emery, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were John H. McDermott, Marie A. Halpin, and Suzanne M. Wallman. Of counsel on the brief was Thomas P. Steindler, McDermott, Will & Emery, of Washington, DC.

Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. With her on the brief were David M. Cohen, Director; Rodger D. Citron, John A. Davidovich, and William F. Ryan, Trial Attorneys, Commercial Litigation Branch; and Thomas M. Bondy, Scott R. McIntosh, and Susan Pacholski, Attorneys, Appellate Staff. Of counsel were Shalom Brilliant and Patrick T. Murphy, Trial Attorneys, Commercial Litigation Branch.

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

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

The history of the savings and loan crisis of the 1980s and the ensuing enactment of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (Aug. 9, 1989) (codified in scattered sections of 12 U.S.C.) is summarized in United States v. Winstar Corp., 518 U.S. 839, 843-58, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996) and related decisions. This...

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