United States Federal Circuit

An award of damages for the government's breach of contract with a former bank holding company via the elimination of regulatory capital by the enactment of the Financial Institutions Reform, Recovery and Enforcement Act is reversed in part as to an award for initial contributions, as the amount was not recoverable under a restitution theory or a reliance theory.

Appellate Information

• Decided 05/25/2006
• Published 05/25/2006

Judges

• DYK, Circuit Judge., Before LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Marvin C. Garbow, Arnold & Porter LLP, of Washington, DC, argued for plaintiff-appellee.   Of counsel on the brief were Howard N. Cayne, David B. Bergman, Joshua P. Wilson of Washington, DC;  and Kent A. Yalowitz and Allen Wong, of New York, New York., William F. Ryan, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director, and Jeffery T. Infelise, Trial Attorney.