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United States Federal Circuit


D & N BANK v. US, 02-5130, 02-5144

Because plaintiff has not demonstrated that there was a contract that could have been breached by the 1989 enactment of the Financial Institutions Reform, Recovery and Enforcement Act, the Court of Federal Claims grant of government's motion for summary judgment of contract liability is affirmed.

Appellate Information

  • Decided 06/17/2003
  • Published 06/17/2003

Judges

  • MICHEL, Circuit Judge., Before MAYER, Chief Judge, MICHEL, and DYK, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Howard N. Cayne,Arnold & Porter, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Melvin C. Garbow,David B. Bergman, Edward H. Sisson, and Brian C. Duffy.

  • For Appellees:
  • David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief was Stuart E. Schiffer, Deputy Assistant Attorney General.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director;  David D. Zimmerman, Gary J. Dernelle, and Elizabeth M. Hosford, Trial Attorneys.
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