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FIRST FEDERAL LINCOLN BANK v. U.S.

Nos. 2007-5044, 2007-5048.

518 F.3d 1308 (2008)

FIRST FEDERAL LINCOLN BANK, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 5, 2008.

Attorney(s) appearing for the Case

Paul M. Honigberg, Blank Rome LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Edward L. Lublin and Katia I. Fano.

William G. Kanellis, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, Kenneth M. Dintzer, Assistant Director, and Scott D. Austin, Elizabeth A. Holt and John J. Todor, Trial Attorneys.

Before MAYER, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Opinion filed by Circuit Judge MAYER dissenting in part.

DYK, Circuit Judge.

This case involves allegations that the government entered into contracts with First Federal Lincoln Bank ("First Federal") regarding regulatory treatment of goodwill. Recovery was sought under the theory recognized by the Supreme Court in United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct...

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