United States Federal Circuit

Neither the FDIC nor individual appellants have standing to sue the government for a breach of contract, and their dismissal from the case was correct; because there is no contract on which recovery against the United States is possible, the trial court properly granted summary judgment in favor of the government.

Appellate Information

• Decided 09/25/2003
• Published 09/25/2003

Judges

• CLEVENGER, Circuit Judge., Before LOURIE, CLEVENGER, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas D. Allen, Wildman, Harrold, Allen & Dixon, of Chicago, IL, argued for plaintiffs-appellants David Joshua Paul, et al.   With him on the brief were Thomas M. Lynch, Ariel F. Kernis, and Melissa M. Riahei., Ellis Merritt, Jr., Attorney, Federal Deposit Insurance Corporation, Legal Division, of Dallas, TX, argued for plaintiff-appellant Federal Deposit Insurance Corporation.   On the brief were John V. Thomas, Associate General Counsel;  and Jon A. Stewart, Attorney, FDIC, of Washington, DC. Of counsel were Andrew C. Gilbert, John M. Dorsey, III, and Dorothy A. Doherty, Attorney, FDIC, Washington, DC.


• For Appellees:
  
• Colleen A. Conry, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  Scott D. Austin, Gregory R. Firehock, and John J. Hoffman, Trial Attorneys.   Of counsel was William F. Ryan, Assistant Director.