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SLATTERY v. ROTH

Nos. 2012-5041, 2012-5068.

710 F.3d 1336 (2013)

Frank P. SLATTERY, Jr., and LFC No. 1 Corp., on behalf of themselves and on behalf of all other similarly situated shareholders of Meritor Savings Bank, Plaintiffs-Appellees, v. Steven Roth and Interstate Properties, Plaintiffs-Appellants, v. United States, Defendant-Appellee, v. John R. McCarron, Movant-Appellant.

United States Court of Appeals, Federal Circuit.

March 21, 2013.

Attorney(s) appearing for the Case

Thomas M. Buchanan , Winston & Strawn, LLP, of Washington, DC, argued for plaintiffs-appellees.

Richard J. Urowsky , Sullivan & Cromwell, LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief was Bradley P. Smith .

Brian A. Mizoguchi , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Joyce R. Branda , Acting Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were Jacob A. Schunk and Amanda L. Tantum , Trial Attorneys.

Jeffrey B. McCarron , Swartz Campbell LLC, of Philadelphia, PA, argued for movant-appellant. With him on the brief was Candidus K. Dougherty .

Before PROST, BRYSON, and WALLACH, Circuit Judges.

PROST, Circuit Judge.

This is the second time this court has entertained appeals in this long-running litigation relating to the failure of Meritor Savings Bank ("Meritor"). Meritor failed in 1992 after the Federal Deposit Insurance Corporation ("FDIC") breached a capital agreement with Meritor. We previously affirmed a decision of the United States Court of Federal Claims finding that the government was liable for the FDIC's breach of contract, and awarding $276...

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