GRANITE MANAGEMENT CORP. v. U.S.

No. 04-5065.

416 F.3d 1373 (2005)

GRANITE MANAGEMENT CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 27, 2005.


Attorney(s) appearing for the Case

Charles J. Cooper, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Michael W. Kirk, David H. Thompson and Elisebeth Collins Cook. Of counsel on the brief were Michael A. Kahn, Richard Keenan and Michael F. Kelleher, Folger Levin & Kahn, LLP, of San Francisco, California.

Tarek Sawi, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director. Of counsel on the brief were Delfa Castillo, David C. Hoffman and Arlene Pianko Groner, Trial Attorneys.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.


Opinion for the court filed by Senior Circuit Judge FRIEDMAN.

Opinion dissenting in part filed by Circuit Judge CLEVENGER.

FRIEDMAN, Senior Circuit Judge.

In this Winstar-related appeal, the acquirer of financially-distressed savings and loans associations (also known as "thrifts") seeks damages from the United States for the latter's breach of agreements permitting the acquired thrifts to treat as capital, for regulatory purposes, an item known...

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