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United States Federal Circuit


Fifth Third Bank v. US, 2006-5128, 2006-5129

In a long-running, Winstar-related case in which plaintiff-banking institution alleged that it was financially injured by actions of the government and its regulatory agencies, the judgment below is affirmed over: 1) the government's challenge to the entire damages award; and 2) plaintiff's challenge to a denial of a portion of its claim related to the sale of a particular division.

Appellate Information

  • Decided 03/10/2008
  • Published 03/10/2008

Judges

  • PLAGER, Senior Circuit Judge., Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and KEELEY, Chief District Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Jerrold J. Ganzfried, Howrey LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Alan M. Grimaldi, and Jennifer R. Bagosy, of Irvine, CA. Of counsel on the brief were Robert M. Bruskin, of Washington, DC, and James Hubbard, Fifth Third Bank, of Cincinnati, OH.

  • For Appellees:
  • David A. Levitt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, Kenneth M. Dintzer, Assistant Director, and Arlene Pianko Groner, John H. Roberson, and John J. Todor, Trial Attorneys.
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