BANK OF AMERICA, FSB, Plaintiff-Appellant,
v.
Roy DOUMANI and Beverly W. Thrall (successor to the claims of Larry B. Thrall), Plaintiffs-Appellants,
v.
United States, Defendant-Cross Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 26, 2007.
July 26, 2007.
Attorney(s) appearing for the Case
Alan K. Palmer, Kaye Scholer LLP, of Washington, DC, argued for plaintiff-appellant Bank of America, FSB. With him on the brief were Steven S. Rosenthal, Douglas A. Tucker, and J.D. Taliaferro.
Michael A. Johnson, Arnold & Porter LLP, of Washington, DC, argued for plaintiffs-appellants Roy Doumani and Beverly W. Thrall (successor to the claims of Larry B, Thrall). With him on the brief were Joshua P. Wilson and Alexea Ringo Juliano.
F. Jefferson Hughes, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney Genaral, Jeanne E. Davidson, Director, William F. Ryan, Assistant Director, David A. Levitt, and Sameer P. Yerawadekar, Trial Attorneys.
Before MAYER and RADER, Circuit Judges, and GARBIS, District Judge.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge RADER, in which District Judge GARBIS joins. Dissenting opinion filed by Circuit Judge MAYER.
RADER, Circuit Judge.
In this case arising from the Winstar ruling, United States v. Winstar Corp.,518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996), the United States Court of Federal Claims made a variety of holdings. In particular, the trial court held that the Bank of...
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