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FIRST ANNAPOLIS BANCORP, INC. v. U.S.

No. 2010-5032.

644 F.3d 1367 (2011)

FIRST ANNAPOLIS BANCORP, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 11, 2011.

Attorney(s) appearing for the Case

Dale A. Cooter , Cooter, Mangold, Deckelbaum & Karas, L.L.P., of Washington, DC, argued for plaintiff-appellee. Of counsel was Karen S. Karas .

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, Scott D. Austin and Brian A. Mizoguchi , Senior Trial Counsel, and Jacob A. Schunk , Trial Attorney. Of counsel was Vincent D. Phillips , Trial Attorney.

Before GAJARSA, DYK and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

This is a Winstar-related case. The issue before this court is whether or not a holding company has standing to pursue damages for breach of contract against the United States ("Government"). The Government appeals the final judgment of the United States Court of Federal Claims ("Claims Court"), which held that First Annapolis Bancorp, Inc. ("Bancorp") had standing to sue the Government for breach of contract after the enactment of the...

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