Legal Opinion

Winstar Corp. v. United States

United States Court of Claims

Decided July 27, 1990No. 90-8CPublishedCited by 52 opinions

1Opinion of the Court

OPINION

SMITH, Chief Judge.

This dispute stems from the acquisition of a failing savings and loan prior to the enactment of the Financial Institutions Re*113form, Recovery, and Enforcement Act of 1989 (FIRREA) and the subsequent effect of the new regulatory scheme on plaintiffs. It presently is before the court on plaintiffs’ motion for summary judgment as to liability and defendant’s motion to dismiss or in the alternative cross-motion for summary judgment. Although plaintiffs’ complaint advances several legal theories, the prerequisite for recovery under any proposed rationale requires the court…

2Cases cited15 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  4. Lynch v. United StatesSupreme Court of the United States · 1934
  5. Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944

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3Cited by52 opinions

  1. United States v. Winstar Corp.Supreme Court of the United States · 1996
  2. Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
  3. Glendale Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001
  4. Winstar Corp. v. United StatesCourt of Appeals for the Federal Circuit · 1995
  5. Barron Bancshares, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2004

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