United States Federal Circuit

In a Winstar related government-contract case, a decision following remand finding that plaintiff failed to prove a particular theory of damages is affirmed where: 1) a finding, that federal regulators would not have approved the transfer of "supervisory goodwill" in connection with plaintiff's sale of First Nationwide Bank, was supported by substantial evidence; and 2) thus, plaintiff failed to show that it sustained any injury because the supervisory goodwill was not part of the assets it sold.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gregory D. Call, Folger Levin & Kahn LLP, of San Francisco, California, argued for plaintiff-appellant.   With him on the brief were Richard Keenan, Michael F. Kelleher, and Julie L. Fieber.


• For Appellees:
  
• Tarek Sawi, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director.   Of counsel on the brier were Kenneth M. Dintzer, Assistant Director, Arlene Pianko Groner, F. Jefferson Hughes, Brian A. Mizoguchi, and Delisa M. Sanchez, Trial Attorneys.