LOCAL OKLAHOMA BANK, N.A. v. U.S.

No. 04-5106, 04-5107.

452 F.3d 1371 (2006)

LOCAL OKLAHOMA BANK, N.A., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 29, 2006.


Attorney(s) appearing for the Case

Kent A. Yalowitz, Arnold & Porter LLP, of New York, New York, argued for plaintiff-cross appellant. With him on the brief were Melvin C. Garbow, Howard N. Cayne, and Thomas R. Dwyer, of Washington, DC.

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; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.


LINN, Circuit Judge.

The United States appeals from the summary judgment of the United States Court of Federal Claims, holding that the United States breached the implied covenant of good faith and fair dealing, Local America Bank of Tulsa v. United States, 52 Fed.Cl. 184 (2002) ("Local I"), and awarding $5,833,296 in damages to Local Oklahoma Bank ("Local"), Local Oklahoma Bank, N.A. v. United States,<...

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