United States Federal Circuit

Summary judgment against plaintiff's suit, alleging the government breached a contractual agreement to accord favorable accounting treatment with respect to acquisitions of federally insured thrifts, is vacated where there is an issue of whether the parties made a binding promise.

Appellate Information

• Decided 03/07/2005
• Published 03/07/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael Carvin, Jones Day, of Washington, DC, argued for plaintiffs-cross appellants.   With on the brief was Debra L. Satinoff. Of counsel on the brief were Steven S. Rosenthal, Jeffery A. Tomasevich, and Douglas A. Tucker, Kaye Scholer LLP, of Washington, DC.


• For Appellees:
  
• David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief was Stuart E. Schiffer, Deputy Assistant Attorney General.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director, Lee M. Straus, Attorney, and John N. Kane, Jr., Attorney.