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FIRST COMMERCE CORP. v. U.S.

No. 02-5183.

335 F.3d 1373 (2003)

FIRST COMMERCE CORPORATION, Plaintiff-Appellant, and FDIC, Federal Deposit Insurance Corporation, and First Commerce Savings Bank, Plaintiffs, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 16, 2003.

Attorney(s) appearing for the Case

Rosemary Stewart, Spriggs & Hollingsworth, of Washington, DC, argued for plaintiff-appellant.

John J. Hoffman, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Deputy Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Jordan A. Thomas, Trial Attorney. Of counsel was John N. Kane, Jr., Attorney.

Before NEWMAN, CLEVENGER and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

In this Winstar case, First Commerce Corporation appeals the decision of the United States Court of Federal Claims, which held on summary judgment that First Commerce had not entered into a contract with the United States for favorable regulatory accounting treatment in exchange for First Commerce's acquisition of Mutual Federal Savings Bank of Lowell, Indiana, a failing thrift. First Commerce Corp. v. United States, 53 Fed...

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