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BLUEBONNET SAVINGS BANK, F.S.B. v. UNITED STATES

No. 06-5016, No. 06-5024.

466 F.3d 1349 (2006)

BLUEBONNET SAVINGS BANK, F.S.B., CFSB CORPORATION, and STONE CAPITAL, INC., Plaintiffs-Cross Appellants, and JAMES M. FAIL, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: October 11, 2006.

Attorney(s) appearing for the Case

Mitchell R. Berger, Patton Boggs LLP, of Washington, DC, argued for plaintiffs-cross appellants, and James M. Fail. With him on the brief were Michael J. Schaengold and Ugo Colella. Of counsel on the brief was I. Thomas Bieging, Bieging, Shapiro & Burrus LLP, of Denver, Colorado.

David M. Cohen, 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, Jeanne E. Davidson, Deputy Director, Kenneth M. Dintzer, Senior Trial Attorney, Elizabeth M. Hosford and Richard B. Evans, Trial Attorneys. Of counsel was F. Jefferson Hughes, Trial Attorney.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

In this long-running dispute, the Court of Federal Claims has awarded damages of $96,798,842 to plaintiff James M. Fail for the government's breach of contract. The government has appealed from that judgment, and the plaintiffs have filed a conditional cross-appeal. We affirm the damages award appealed by the government and therefore do not reach the cross-appeal.

I

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