United States Federal Circuit

The enactment of the Financial Institutions Reform, Recovery, and Enforcement Act breached the government's contractual obligations to plaintiff-banks to allow special accounting treatment for capital compliance.

Appellate Information

• Decided 03/31/2005
• Published 03/31/2005

Judges

• PLAGER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jerrold J. Ganzfried, Howrey Simon Arnold & White, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Alan M. Grimaldi, Robert M. Bruskin, Robert M. Cox, Timothy K. Armstrong, Alexander B. Berger, and Jennifer R. Bagosy.   Of counsel on the brief was James Hubbard, Fifth Third Bank of Western Ohio, of Cincinnati, Ohio., Edwin L. Fountain, Jones Day, of Washington, DC, for amici curiae Anchor Savings Bank, FSB, et al.


• For Appellees:
  
• David A. Levitt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States 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;  Gregory R. Firehock and Brian A. Mizoguchi, Jr., Trial Attorneys.   Of counsel was Jonathan S. Lawlor, Trial Attorney.