United States Federal Circuit

In a suit for contract damages stemming from the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act, summary judgment for the government is reversed where there is a genuine issue of material fact as to whether "supervisory goodwill" should be treated as regulatory capital.

Appellate Information

• Decided 07/27/2005
• Published 07/27/2005

Judges

• Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles J. Cooper, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Michael W. Kirk, David H. Thompson and Elisebeth Collins Cook. Of counsel on the brief were Michael A. Kahn, Richard Keenan and Michael F. Kelleher, Folger Levin & Kahn, LLP, of San Francisco, California.


• For Appellees:
  
• Tarek Sawi, 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, and Jeanne E. Davidson, Deputy Director.   Of counsel on the brief were Delfa Castillo, David C. Hoffman and Arlene Pianko Groner, Trial Attorneys.