United States Federal Circuit

Plaintiff's suit, alleging that the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) resulted in a breach by the government of their contract, is dismissed where plaintiff assumed the risk of regulatory change and the enactment of FIRREA did not cause it harm.

Appellate Information

• Decided 08/05/2004
• Published 08/05/2004

Judges

• BRYSON, Circuit Judge., Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas Meeks, Zuckerman, Spaeder, LLP, of Miami, FL, argued for plaintiff-appellant.   Of counsel on the brief was Alan G. Greer, Richard Greer Weil Brumbaugh, Mirabito & Christensen, P.A., of Miami, FL, Of counsel was Lynn F. Kaufmann, Zuckerman, Spaeder, LLP, of Washington, DC.


• For Appellees:
  
• Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States 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;  Kenneth M. Dintzer, Senior Trial Counsel;  and Arlene Pianko Groner and Daniel D. McClain, Trial Attorneys.