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NATIONAL AUSTRALIA BANK v. U.S.

No. 05-5702.

452 F.3d 1321 (2006)

NATIONAL AUSTRALIA BANK, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 22, 2006.

Attorney(s) appearing for the Case

Ryan T. Scarborough, of Williams & Connolly LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Paul Martin Wolff.

Scott D. Austin, Trial Attorney, 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 and David M. Cohen, Director. Of counsel on the brief was Jeanne E. Davidson, Deputy Director. Of counsel was Brian L. Owsley.

Before GAJARSA, DYK, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

In this Winstar-related case, the United States appeals a judgment of the Court of Federal Claims granting summary judgment of liability for breach of contract and awarding expectation damages to appellee National Australia Bank ("NAB"). Nat'l Australia Bank v. United States, 55 Fed. Cl. 782 (2003) ("Summary Judgment Decision"); Nat'l Australia Bank v. United States, 63 Fed.Cl. 352 (2004) ("Damages Decision

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