United States Federal Circuit

The district court properly dismissed plaintiff-bank's suit which claimed that a Fifth Amendment taking occurred when the United States allegedly directed the Federal Reserve Board to pay earnings generated by plaintiff's mandated reserves to the United States Treasury.

Appellate Information

• Decided 09/21/2005
• Published 09/21/2005

Judges

• Before NEWMAN, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Blake Henry Bailey, Bailey Law Firm, of Tyler, Texas, argued for plaintiff-appellant.   With him on the brief was J. Bennett White, Wilson, Sheehy, Knowles, Robertson & Cornelius, P.C., of Tyler, Texas.


• For Appellees:
  
• Kyle Chadwick, 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 Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Mary A. Melnick, Assistant Director.   Of counsel on the brief were Richard M. Ashton, Associate General Counsel, and Katherine Wheatley, Assistant General Counsel, Board of Governors of the Federal Reserve System, of Washington, DC.