United States Federal Circuit

In a Winstar breach of contract case arising after a savings and loan was seized and liquidated for failure to comply with FIRREA's regulatory capital requirements, summary judgment for the government is affirmed as the circuit court rejects the government's statute of limitations defense, but finds that there was no contract concerning the treatment of regulatory goodwill and no taking.

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul R. Franke, III, Franke Greenhouse List & Lippitt LLP, of Denver, CO, argued for plaintiff-appellant.


• For Appellees:
  
• Sameer P. Yerawadekar, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant.   With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Kenneth M. Dintzer, Assistant Director.