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FIRST HEIGHTS BANK, FSB v. U.S.

No. 04-5021, 04-5022.

422 F.3d 1311 (2005)

FIRST HEIGHTS BANK, FSB, Pulte Diversified Companies, Inc., and Pulte Homes, Inc., Plaintiffs-Cross Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Robert K. Huffman, Miller and Chevalier Chartered, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief were Alan I. Horowitz and Lisanne E.S. Cottington.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States 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, and Jeffery T. Infelise, Trial Attorney.

Before MICHEL, Chief Judge, NEWMAN, and LOURIE, Circuit Judges.

MICHEL, Chief Judge.

The United States appeals from the judgment of the United States Court of Federal Claims, awarding $48.7 million in damages to First Heights Bank, FSB, Pulte Diversified Companies, Inc., and Pulte Homes, Inc. (collectively, "plaintiffs"). The appeal was submitted after oral argument on July 6, 2005. Because the trial court properly determined liability and damages in this breach of contract action, we affirm.

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