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D & N BANK v. U.S.

Nos. 02-5130, 02-5144.

331 F.3d 1374 (2003)

D & N BANK A Federal Savings Bank, in its own right and as successor to Detroit & Northern Savings and Loan Association (now known as Republic Bank), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 17, 2003.

Attorney(s) appearing for the Case

Howard N. Cayne, Arnold & Porter, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Melvin C. Garbow, David B. Bergman, Edward H. Sisson, and Brian C. Duffy.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Stuart E. Schiffer, Deputy Assistant Attorney General. Of counsel on the brief were Jeanne E. Davidson, Deputy Director; David D. Zimmerman, Gary J. Dernelle, and Elizabeth M. Hosford, Trial Attorneys.

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

MICHEL, Circuit Judge.

Before the United States Court of Federal Claims, D & N Bank ("D & N") sought damages in a breach of contract action that it argued arose from the 1989 enactment of the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"), Pub.L. No. 101-73, 103 Stat. 183 (1989). D & N now appeals the decision of the United States Court of Federal Claims granting the government's motion for summary judgment of no contract liability...

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