United States Federal Circuit

A bank is not entitled to restitutionary relief if it was not harmed by the assumption of the assets and liabilities of the failing thrifts it acquired.

Appellate Information

• Decided 04/03/2001
• Published 04/03/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Theodore B. Olson,Gibson, Dunn & Crutcher, LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Theodore J. Boutrous, Jr., Mark A. Perry, and David B. Salmons.   Of counsel were John C. Millian, and Paul Blankenstein., Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amicus curiae Plaintiffs' Coordinating Committee.   Of counsel on the brief were Charles J. Cooper, and Steven S. Rosenthal, Cooper, Carvin & Rosenthal, PLLC, of Washington, DC;  and Melvin A. Garbow, Arnold & Porter, of Washington, DC., John V. Thomas, Assistant General Counsel, Federal Deposit Insurance Corporation, of Washington, DC, amicus curiae for Federal Deposit Insurance Corporation.   With him on the brief were Dorothy A. Doherty, Counsel;  John M. Dorsey III, Senior Counsel;  and Richard Gill, Counsel.


• For Appellees:
  
• Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief was David M. Cohen, Director, Commercial Litigation Branch.   Of counsel on the brief were Lee M. Straus, Elizabeth W. Newsom, Kenneth M. Kulak, Tarek Sawi, and Teresa A. Kolb, Attorneys, Commercial Litigation Branch.   Also of counsel on the brief were Scott R. McIntosh, Special Counsel;  Thomas M. Bondy, and Susan Pacholski, Trial Attorneys, Appellate Staff.   Of counsel was Jonathan Lawlor, Trial Attorney, Commercial Litigation Branch.