United States Federal Circuit

In a breach of contract action based on Financial Institutions Reform, Recovery, and Enforcement Act provisions regarding supervisory goodwill, dismissal of plaintiff's suit is affirmed where plaintiff failed to show its lost profits were caused by the provisions.

Appellate Information

• Decided 01/19/2005
• Published 01/19/2005

Judges

• BRYSON, Circuit Judge., Before MAYER,BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark A. Perry, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were John C. Millian, Theodore J. Boutrous, Jr., Paul Blankenstein, and Andrew S. Tulumello.   Of counsel was Thomas G. Hungar.


• For Appellees:
  
• Lee M. Straus, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross-appellant.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Tarek Sawi, Trial Attorney.