TEXAS STATE BANK v. U.S.

No. 04-5126.

423 F.3d 1370 (2005)

TEXAS STATE BANK (successor by merger to Community Bank & Trust), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 2005.


Attorney(s) appearing for the Case

Blake Henry Bailey, Bailey Law Firm, of Tyler, Texas, argued for plaintiff-appellant. With him on the brief was J. Bennett White, Wilson, Sheehy, Knowles, Robertson & Cornelius, P.C., of Tyler, Texas.

Kyle Chadwick, 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 Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Mary A. Melnick, Assistant Director. Of counsel on the brief were Richard M. Ashton, Associate General Counsel, and Katherine Wheatley, Assistant General Counsel, Board of Governors of the Federal Reserve System, of Washington, DC.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK.

Opinion filed by Circuit Judge NEWMAN concurring in part, dissenting in part.

DYK, Circuit Judge.

Appellant Texas State Bank ("Texas State") is a state-chartered bank that holds (and has held) reserves in accordance with the requirements of the Monetary Control Act of 1980, Pub.L. 96-221, Title I, 94 Stat. 132. Texas State claims that a Fifth Amendment taking occurred when the United States allegedly...

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