BLUEBONNET SAV. BANK, F.S.B. v. U.S.

No. 02-5123.

339 F.3d 1341 (2003)

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

United States Court of Appeals, Federal Circuit.

DECIDED: August 7, 2003.


Attorney(s) appearing for the Case

Mitchell R. Berger, Patton Boggs LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Michael J. Schaengold and Ugo Colella. Also on the brief was I. Thomas Beiging, Beiging, Shapiro & Burrus LLP, of Denver, Colorado for Bluebonnet Savings Bank, F.S.B. Stone Capital, Inc. (formerly known as CFSB Corporation).

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 Stuart E. Schiffer, Deputy Assistant Attorney General; Jeanne E. Davidson, Deputy Director; Elizabeth M. Hosford, Kenneth Dintzer, and Tonia J. Tornatore, Trial Attorneys.

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


PER CURIAM.

The United States appeals from the judgment of the United States Court of Federal Claims awarding damages of $132,398,200 to plaintiff James M. Fail for the government's breach of contract. Bluebonnet Sav. Bank, FSB v. United States, 52 Fed.Cl. 75 (2002). The Court of Federal Claims interpreted our previous opinion in this case as requiring entry of a damages award for plaintiff in that amount, with no further factual analysis by the trial court...

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