Fifth Third Bank v. United States

ORDER

MILLER, Judge.

This order addresses the remaining claims in this Winstar case brought by Fifth Third Bank of Western Ohio (“plaintiff’), successor to Citizens Federal Bank, FSB.1 See United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). On June 12, 2003, this court issued an opinion granting defendant’s motion, pursuant to RCFC 52(c), for judgment on partial findings as to liability. See Fifth Third Bank of Western Ohio v. United States, 56 Fed.Cl. 668 (2003). The opinion addressed only plaintiffs theories based on breach of contract and breach of implied…