United States Federal Circuit

In this Winstar-related case, the supervisory goodwill and capital credit provisions of plaintiff's contract with the US were contractual obligations, and were breached by the US.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Susan E. Barnes,Lindquist & Vennum PLLP, of Minneapolis, Minnesota, argued for plaintiffs-appellants Barron Bancshares, Inc., et al.   Of counsel on the brief were Mark J. Briol and William G. Carpenter, Briol & Associates, PLLC, of Minneapolis, Minnesota., Ellis Merritt, Jr., Federal Deposit Insurance Corporation, of Dallas, Texas, argued for plaintiff-appellant Federal Deposit Insurance Corporation.   On the brief were John V. Thomas, Mary Ann McNamar, John M. Dorsey III, and Richard M. Schwartz, FDIC Legal Division, of Washington, DC.


• For Appellees:
  
• Tarek Sawi, 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 Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Richard B. Evans and Joanne E. Johnson, Trial Attorneys.