C. Robert SUESS, Leo Sherry, Richard A. Green, Irving Roberts, on behalf of all other shareholders of Benjamin Franklin Federal Savings and Loan Association, Peter Baker, Benjamin Franklin Federal Savings and Loan Association, and Donald McIntyre, Plaintiffs-Cross Appellants, and
Federal Deposit Insurance Corporation, Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided August 7, 2008.
Decided August 7, 2008.
Attorney(s) appearing for the Case
Eric W. Bloom, Winston & Strawn LLP, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief was Thomas M. Buchanan. Of counsel was Charles B. Klein. Of counsel on the brief were Don S. Willner, Don S. Willner & Associates, PC, of Trout Lake, Washington; and Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC.
D. Ashley Doherty, Counsel, Legal Division, Federal Deposit Insurance Corporation, of Washington, DC, argued for plaintiff-appellee. With her on the brief was John V. Thomas, Deputy General Counsel.
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 E. Davidson, Director, and F. Jefferson Hughes and Sameer Yerawadekar, Trial Attorneys.
Before MAYER, SCHALL, and MOORE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
SCHALL, Circuit Judge.
This is a shareholder derivative suit growing out of our decision in Winstar Corp. v. United States,64 F.3d 1531 (Fed. Cir.1995) (en banc) ("Winstar I"), aff'd, 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). The United States appeals from the final judgment of the United States Court of Federal Claims awarding C. Robert Suess and other former shareholders...
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