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United States Federal Circuit


FIRST COMMERCE CORP. v. US, 02-5183

Although the Court of Federal Claims correctly discerned a discrepancy between offer and acceptance in an alleged contract between the parties for favorable accounting treatment in exchange for acquisition of a failing thrift, the government made a counteroffer to plaintiff, which may have given rise to a binding contract between them.

Appellate Information

  • Decided 07/16/2003
  • Published 07/16/2003

Judges

  • CLEVENGER, Circuit Judge., Before NEWMAN, CLEVENGER and SCHALL, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC, argued for plaintiff-appellant.

  • For Appellees:
  • John J. Hoffman, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Deputy Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Jordan A. Thomas, Trial Attorney.   Of counsel was John N. Kane, Jr., Attorney.
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