United States Federal Circuit

The district court correctly determined that neither party's contract damages claims allege an Article III case or controversy or Fifth Amendment taking, and the dismissal is affirmed.

Appellate Information

• Decided 08/27/2003
• Published 08/27/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan W. Perry,Forman Perry Watkins Krutz & Tardy, PLLC, of Jackson, MS, argued for plaintiffs-appellants.   Of counsel on the brief were Mary C. Gill and Craig H. Kuglar, Alston & Bird, LLP, of Atlanta, GA;  and Laurence H. Tribe, Ralph S. Tyler Professor of Constitutional Law, Harvard University Law School, of Cambridge, MA., John V. Thomas, FDIC Legal Divison, Federal Deposit Insurance Corporation, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Richard M. Schwartz, John M. Dorsey, III, and Richard S. Gill.


• 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 were Stuart E. Schiffer, Deputy Assistant Attorney General;  Jeanne E. Davidson, Deputy Director;  Daniel D. McClain, and William F. Ryan, Trial Attorneys.