United States Federal Circuit

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Suess v. US, 2007-5070, 2007-5071

In a shareholder derivative suit claiming that the government breached a contract with a savings and loan association guaranteeing certain accounting treatment in its acquisition of another thrift, summary judgment for plaintiffs is reversed in part, vacated in part, and remanded where plaintiff did not produce evidence demonstrating intent on the part of the government to enter into a contract with the savings and loan guaranteeing its continued use of the purchase method of accounting or amortization of goodwill.

Appellate Information

  • Decided 08/07/2008
  • Published 08/07/2008

Judges

  • SCHALL, Circuit Judge., Before MAYER, SCHALL, and MOORE, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Eric W. Bloom, Winston & Strawn LLP, of Washington, DC, argued for plaintiffs-cross appellants.   With him on the brief was Thomas M. Buchanan.   Of counsel was Charles B. Klein.   Of counsel on the brief were Don S. Willner, Don S. Willner & Associates, PC, of Trout Lake, Washington;  and Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC.

  • For Appellees:
  • D. Ashley Doherty, Counsel, Legal Division, Federal Deposit Insurance Corporation, of Washington, DC, argued for plaintiff-appellee.   With her on the brief was John V. Thomas, Deputy General Counsel., Kenneth M. Dintzer, 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 Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and F. Jefferson Hughes and Sameer Yerawadekar, Trial Attorneys.

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