United States Federal Circuit
Astoria Federal Savings and Loan Ass. v. US, 08-5051
In a breach of contract action, Court of Federal Claims' judgment against the government is affirmed in part, reversed in part and remanded where: 1) plaintiff's predecessor Fidelity could not have avoided the supervision of the Office of Thrift Supervision for at least a short period after the promulgation of Regulatory Bulletin 3a-1 in January 1990, but there is sufficient evidence to support the trial court's finding that the growth restrictions of RB 3a-1 would have been lifted before the OTS issued its April 1992 examination report; 2) the court erred in not deducting the increased OTS fees that would have been occasioned by Fidelity's projected growth between 1990 and 1993; and 3) the court did not err in failing to account for the non-contractual goodwill from the Dollar Federal acquisition, as there was no evidence that the loss of the additional goodwill would have had a proportionate effect on Fidelity's annual growth rate.
Appellate Information
- Decided 05/28/2009
- Published 05/28/2009
Judges
Court
- United States Federal Circuit