First Federal Savings & Loan Ass'n of Rochester v. United States

OPINION

MEROW, Senior Judge.

Pending before the court in this Winstar-related case1 are motions for summary judgment as to the government’s liability for breach of specific net worth provisions in a 1986 Financing Agreement signed by the parties. The government asserts the Agreement is not enforceable because it lacks consideration, this action was brought and maintained by other than the real party in interest, and conveyance of rights to any proceeds of this litigation was in contravention of the Assignment of Claims Act, 31 U.S.C. § 3727. For the following reasons, the court grants First…