PERRY CAPITAL LLC v. MNUCHIN

Attorney(s) appearing for the Case

Theodore B. Olson , Washington, DC, argued the cause for Perry Capital LLC, et al. With him on the briefs were Douglas R. Cox , Matthew D. McGill , Charles J. Cooper , David H. Thompson , Washington, DC, Peter A. Patterson , Ada, MI, Brian W. Barnes , Drew W. Marrocco , Washington, DC, Michael H. Barr , Richard M. Zuckerman , Sandra Hauser , and Janet M. Weiss , New York, NY.

Hamish P.M. Hume , Washington, DC, argued the cause for American European Insurance Company, et al. With him on the briefs were Matthew A. Goldstein , Washington, DC, David R. Kaplan , Amherst, MA, and Geoffrey C. Jarvis , Radnor, PA.

Thomas P. Vartanian , Steven G. Bradbury , Robert L. Ledig , and Robert J. Rhatigan , Washington, DC, were on the brief for amici curiae the Independent Community Bankers of America, the Association of Mortgage Investors, Mr. William M. Isaac , and Mr. Robert H. Hartheimer in support of appellants.

Thomas F. Cullen, Jr. , Michael A. Carvin , James E. Gauch , Lawrence D. Rosenberg , and Paul V. Lettow , Washington, DC, were on the brief for amici curiae Louise Rafter, Josephine and Stephen Rattien, and Pershing Square Capital Management, L.P. in support of appellants and reversal.

Jerrold J. Ganzfried , Washington, DC, and Bruce S. Ross , Los Angeles, CA, were on the brief for amici curiae 60 Plus Association, Inc. in support of reversal.

Eric Grant , Houston, TX, was on the brief for amicus curiae Jonathan R. Macey in support of appellants and reversal.

Thomas R. McCarthy , Arlington, VA, was on the brief for amici curiae Timothy Howard and The Coalition for Mortgage Security in support of appellants.

Myron T. Steele , Dover, DE, was on the brief for amicus curiae Center for Individual Freedom in support of appellants.

Michael H. Krimminger , Washington, DC, was on the brief for amicus curiae Investors Unite in support of appellants for reversal.

Howard N. Cayne , Washington, DC, argued the cause for appellees Federal Housing Finance Agency, et al. With him on the brief were Paul D. Clement , D. Zachary Hudson , Michael J. Ciatti , Graciela Maria Rodriguez , David B. Bergman , Michael A.F. Johnson , Dirk C. Phillips , and Ian S. Hoffman , Washington, DC.

Mark B. Stern , Attorney, U.S. Department of Justice, argued the cause for appellee Steven T. Mnuchin. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Alisa B. Klein , Abby C. Wright , and Gerard Sinzdak , Attorneys.

Dennis M. Kelleher was on the brief for amicus curiae Better Markets, Inc. in support of appellees and affirmance.

Pierre H. Bergeron , Cincinnati, OH, was on the brief for amicus curiae Black Chamber of Commerce in support of neither party.

Colleen J. Boles , Assistant General Counsel, Kathryn R. Norcross , Senior Counsel, and Jerome A. Madden , Counsel, were on the brief for amicus curiae The Federal Deposit Insurance Corporation in support of FHFA and affirmance.

Dissenting opinion filed by Circuit Judge Brown.