United States Federal Circuit

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Slattery v. US, 07-5063

In plaintiffs' breach of contract case against United States, acting through the FDIC, the Court of Federal Claims' judgment is affirmed in part, revered in part and remanded where: 1) the judgment of the Court of Federal Claims is affirmed as to jurisdiction, liability, and the assessment of damages for lost value in the amount of $276 million, net of the receivership deficit, and with an appropriate tax gross-up; 2) judgments as to the award of $67 million in non-overlapping restitution damages and as cumulative the award of wounded bank damages of $28 million are reversed; and 3) dismissal of intervenors' claims relating to the liquidation surplus is reversed and remanded.

Appellate Information

  • Decided 09/29/2009
  • Published 09/29/2009



  • United States Federal Circuit