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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