FRANKLIN FEDERAL SAVINGS BANK, and Franklin Financial Group, Inc., Plaintiffs-Cross Appellants, and
George O. Haggard, Jr., Ben B. Jarnagin, Richard C. Jessee, A. Eugene Jolley, Jean S. Keener, George R. McGuffin, and Charles G. Robinette, Plaintiffs-Cross Appellants,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
December 14, 2005.
December 14, 2005.
Attorney(s) appearing for the Case
Eric W. Bloom, Winston & Strawn LLP, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief for George O. Haggard, Jr., et al. were Thomas M. Buchanan and Charles B. Klein. Of counsel on the brief for Franklin Federal Savings Bank, et al. was Thomas R. Dyer, Wyatt, Tarrant & Combs, LLP, of Memphis, Tennessee.
William F. Ryan, Assistant 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, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, Elizabeth A. Holt and John H. Roberson, Trial Attorneys. Of counsel were Delisa M. Sanchez and Marc S. Sacks.
Before CLEVENGER, RADER, DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge DYK.
Dissenting opinion filed by Circuit Judge RADER.
DYK, Circuit Judge.
This is a Winstar breach of contract case. See United States v. Winstar Corp.,518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). The primary question on appeal is whether, under our decision in Admiral Financial Corp. v. United States,378 F.3d 1336...
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