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FIRST NAT. MORTG. CO. v. FEDERAL REALTY INV. TRUST

Nos. 09-16377, 09-16453, 09-17012, 09-17277.

631 F.3d 1058 (2011)

FIRST NATIONAL MORTGAGE COMPANY, a California corporation, Plaintiff-Appellee, v. FEDERAL REALTY INVESTMENT TRUST, Defendant-Appellant. First National Mortgage Company, a California corporation, Plaintiff-Appellant, v. Federal Realty Investment Trust, Defendant-Appellee. First National Mortgage Company, a California corporation, Plaintiff-Appellee, v. Federal Realty Investment Trust, Defendant-Appellant. First National Mortgage Company, a California corporation, Plaintiff-Appellant, v. Federal Realty Investment Trust, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2011.

Attorney(s) appearing for the Case

Patrick M. Ryan (argued), Krista M. Enns , Winston & Strawn LLP, San Francisco, CA; Daven G. Lowhurst , Lauren M. Charneski , Howrey LLP, San Francisco, CA, for plaintiff-appellee/appellant, First National Mortgage Co.

Kannon K. Shanmugam (argued), Richard A. Olderman , Thomas J. Roberts , Christopher C. Muha , Williams & Connolly LLP, Washington, DC, for defendant-appellant/appellee Federal Realty Investment Trust.

Before: D.W. NELSON, DAVID R. THOMPSON, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

THOMPSON, Senior Circuit Judge:

Federal Realty Investment Trust ("Federal Realty") appeals the district court's judgment, pursuant to a jury's special verdict and the court's findings of fact and conclusions of law, in favor of First National Mortgage Company ("First National") in First National's action for breach of contract. First National sought to recover for Federal Realty's anticipatory breach of a "Final Proposal" signed by the parties with...

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