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BAILEY v. U.S.

Nos. 02-5170, 03-5005.

341 F.3d 1342 (2003)

H.C. BAILEY, Jr., Bailey Mortgage Company, Carol A. Bailey, Glynn Hughes, Harperville Irrevocable Trust, Joan B. Bailey, John T. Cossar, Kenneth W. Warren, Lewis S. Tilghman, Madison Hills Farms, Inc., Malco Irrevocable Trust, and W.C. Bailey, Plaintiffs-Appellants, and Federal Deposit Insurance Corporation, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 27, 2003.

Attorney(s) appearing for the Case

Alan W. Perry, Forman Perry Watkins Krutz & Tardy, PLLC, of Jackson, MS, argued for plaintiffs-appellants. Of counsel on the brief were Mary C. Gill and Craig H. Kuglar, Alston & Bird, LLP, of Atlanta, GA; and Laurence H. Tribe, Ralph S. Tyler Professor of Constitutional Law, Harvard University Law School, of Cambridge, MA.

John V. Thomas, FDIC Legal Divison, Federal Deposit Insurance Corporation, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Richard M. Schwartz, John M. Dorsey, III, and Richard S. Gill.

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 Stuart E. Schiffer, Deputy Assistant Attorney General; Jeanne E. Davidson, Deputy Director; Daniel D. McClain, and William F. Ryan, Trial Attorneys.

Before MAYER, Chief Judge, MICHEL and PROST, Circuit Judges.

MAYER, Chief Judge.

H.C. Bailey, Jr., et al. (collectively "Bailey") and the Federal Deposit Insurance Corporation ("FDIC") appeal the judgment of the United States Court of Federal Claims dismissing their contract damages and Fifth Amendment takings claims. Fed. Deposit Ins. Corp. v. United States, 51 Fed. Cl. 265 (2001); Fed. Deposit Ins. Corp. v. United States, 53 Fed. Cl. 31 (2002); Bailey v. United States, 53 Fed. Cl. 251 (2002). Because...

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