United States Federal Circuit

In a Winstar case, the Court of Federal Claims' holding that the government is liable for breach of contract is reversed where: 1) the plaintiffs' release of all claims against the FDIC as manager of the FSLIC Resolution Fund (FRF) in the settlement agreement effected a release of all claims against co-obligor, the Office of Thrift Supervision (OTS); and 2) alternatively, plaintiffs' accord and satisfaction with the FDIC as manager of the FRF in the settlement agreement discharged the OTS.

Appellate Information

• Decided 10/12/2010
• Published 10/12/2010

Judges

• PROST

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David B. Bergman, John H. Roberson