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ASTORIA FEDERAL SAV. & LOAN ASS'N v. U.S.

No. 2008-5051.

568 F.3d 944 (2009)

ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 28, 2009.

Attorney(s) appearing for the Case

Frank J. Eisenhart, Dechert LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Catherine Botticelli, Tara R. Kelly, Catherine Stahl, and Craig Gerald Falls.

John H. Roberson, 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 Jeanne E. Davidson, Director, and Kenneth M. Dintzer, Assistant Director.

Before RADER, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

This is a breach of contract case. In October 1984, the government arranged for Fidelity New York, F.S.B., a Long Island savings and loan association, or "thrift," to acquire another Long Island thrift that was in danger of failing. The government assisted the acquisition by offering several benefits to Fidelity, including a promise to allow Fidelity to accord favorable treatment to the "supervisory goodwill" generated by the transaction for...

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