United States Federal Circuit

A judgment finding defendant-government liable for approximately $110 million in net losses for a breach of contract in a Winstar-related transaction is reversed in part where the U.S. Court of Federal Claims erred in determining that plaintiff's cost of performance under an assistance agreement was the equity value of a subsidiary.

Appellate Information

• Decided 10/30/2006
• Published 10/30/2006

Judges

• Before RADER, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael W. Kirk, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiffs-cross appellants American Capital Corporation and Transcapital Financial Corporation.   With him on the brief were Charles J. Cooper, Vincent J. Colatriano and Nicholas A. Oldham., Ashley Doherty, Federal Deposit Insurance Corporation, Legal Division, of Washington, DC, argued for plaintiff-cross appellant Federal Deposit Insurance Corporation.   With her on the brief were Andrew C. Gilbert, John M. Dorsey, III., John V. Thomas, and Ellis Merritt, Jr., of Dallas, TX.


• For Appellees:
  
• William F. Ryan, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director, and James R. Whitman, Trial Attorney.