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HANSEN BANCORP, INC. v. U.S.

Nos. 03-5029, 03-5061.

367 F.3d 1297 (2004)

HANSEN BANCORP, INC., Elmer F. Hansen, Jr., and G. Eileen Hansen, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

May 11, 2004.

Attorney(s) appearing for the Case

David L. Braverman, Braverman Daniels Kaskey Ltd., of Philadelphia, Pennsylvania, argued for plaintiffs-appellants. With him on the brief was Richard E. Miller.

William G. Kanellis, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; Gregory R. Firehock and Elizabeth M. Hosford, Trial Attorneys.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

This is a Winstar-related case. In Hansen Bancorp, Inc. v. United States, 49 Fed. Cl. 168 (2001) ("Hansen I"), the United States Court of Federal Claims ruled that a contract existed between Elmer F. Hansen, Jr., G. Eileen Hansen (together, "the Hansens"), and Hansen Bancorp, Inc. ("Hansen Bancorp"), on the one hand, and the United States, on the other hand. Id. at 174-75. The court further ruled that through the...

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