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AMERICAN SAV. BANK, F.A. v. U.S.

No. 2007-5067.

519 F.3d 1316 (2008)

AMERICAN SAVINGS BANK, F.A., Keystone Holdings, Inc., Keystone Holdings Partners, L.P., N.A. Capital Holdings, Inc., New American Capital, Inc., New American Holdings, Inc., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 6, 2008.

Attorney(s) appearing for the Case

Kent A. Yalowitz, Arnold & Porter LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Melvin C. Garbow, Howard N. Cayne, Michael A. Johnson, Joshua P. Wilson, and Alexea R. Juliano, of Washington, DC.

Kenneth M. Dintzer, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne F. Davidson, Director and Sameer Yerawadekar, Trial Attorney.

Before MICHEL, Chief Judge, NEWMAN and PROST, Circuit Judges.

PROST, Circuit Judge.

The government appeals several decisions of the United States Court of Federal Claims granting summary judgment in favor of American Savings Bank, F.A., Keystone Holdings, Inc., Keystone Holdings Partners, L.P., New American Capital, Inc., New American Capital Holdings, Inc., and New American Holdings, Inc. (collectively "Plaintiffs"). We affirm as to liability and affirm-in-part, reverse-in-part, vacate-in-part, and remand as to damages.

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