Pleading and practice; Winstar case; standing; real party in interest; indispensable party
Contracts; Winstar case; summary judgment; damages; expectancy damages; lost profits; restitution; reliance damages
Signed by Judge Miller, C..
Pleading and practice; Winstar case; standing; real party in interest; indispensable party
Contracts; Winstar case; summary judgment; damages; expectancy damages; lost profits; restitution; reliance damages
Signed by Judge Miller, C..
Estate tax refund; Calculation of
interest deduction
FRANKLIN FEDERAL SAVINGS BANK,FRANKLIN FINANCIAL GROUP, INC.,GEORGE O. HAGGARD, JR. , BEN B.JARNAGIN, RICHARD C. JESSEE,A. EUGENE JOLLEY, JEAN S. KEENER,GEORGE R. McGUFFIN, and CHARLES G. ROBINETTE, v. THE UNITED STATES
Winstar-related case; Damages; Pre-Breach Reliance Damages; Restitution; Assumption of Excess Liabilities; Cost of Performance; Return of Investment; Post-Breach "Wounded Bank" Damages; Costs of Litigation Against the United States, Preparing Capital Plans, and Regulatory Advice; Transactional Costs of Raising Replacement Capital; Increased Cost of Funds; Dilution of Shareholders' Ownership Interests; Unexercised Stock Options; Lost Profits; Cost of Replacement Capital; Propriety of Summary Judgment
Signed by Judge Lydon.
Motion to dismiss; Army national guard technician;
Civilian back pay claim based on violation of 5 U.S.C. § 3329;
Back Pay
Act; 5 U.S.C. § 2105; Definition of employee -- tripartite
test; Plaintiff not "employee" at time of alleged unjust and
unwarranted personnel action; 5 U.S.C. § 5343; Money-mandating; Dismissal
under RCFC 12(b)(6).