SOUTHERN CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION and SoCal Holdings, Inc., Plaintiffs-Appellees, and
Arbur, Inc., William E. Simon, Jr., J. Peter Simon, and George J. Gillespie, III (Executors of the Estate of William E. Simon, Sr.), Plaintiffs-Appellees, and
Roy Doumani, Preston Martin, and Beverly W. Thrall (Successor to the Claims of Larry B. Thrall), Plaintiffs-Cross Appellants,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 22, 2005.
Corrected August 30, 2005.
Attorney(s) appearing for the Case
Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC, argued for plaintiffs-appellees Southern California Federal Savings & Loan Association and SoCal Holdings, Inc. With her on the brief was Monica A. Freas.
David S. Cohen, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for plaintiffs-appellees Arbur, Inc., William E. Simon, Jr., J. Peter Simon, and George J. Gillespie, III. Of counsel on the brief were Richard C. Tufaro and Lesley A. Benn.
David B. Bergman, Arnold & Porter, LLP, of Washington, DC, argued for plaintiffs-cross appellants. Of counsel on the brief were Melvin C. Garbow, Howard N. Cayne, Michael A. Johnson, and Ida L. Bostian.
Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Kenneth M. Dintzer, Senior Trial Counsel, Colleen A. Conry, David C. Hoffman, John N. Kane, and Tonia J. Tomatore, Trial Attorneys.
Before NEWMAN, MAYER and GAJARSA, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge MAYER.
GAJARSA, Circuit Judge.
The United States appeals two decisions made by the Court of Federal Claims in this Winstar-related case. First, it challenges the court's grant of summary judgment finding the government liable for breach of contract to Arbur, Inc., the Estate of William E. Simon, Sr. (collectively, the "Simon Plaintiffs") and Roy Doumani,...
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