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Slattery v. US, No. 07-5063

By FindLaw Staff on September 29, 2009 | Last updated on March 21, 2019

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.   

Read Slattery v. US, No. 07-5063

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided September 29, 2009

Judges

Before Newman, Gajarsa, Circuit Judges, and Ward, District Judge

Opinion by Newman, Circuit Judge.   

Counsel

For Appellant:  Thomas M. Buchanan, Winston & Strawn, LLP; Bradley P. Smith, Sullivan & Cromwell LLP

For Appellee:  Jeanne E. Davidson,  Director, Commercial Litigation Branch, Civil Division, United States Department of Justice. 

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