Legal Opinion
Branch ex rel. Maine National Bank v. United States
United States Court of Federal Claims
Decided July 20, 1994No. 93-133CPublishedCited by 3 opinions
1Opinion of the Court
OPINION
NETTESHEIM, Judge.
This case, before the court after argument on cross-motions for summary judgment, raises the issue of whether application of the cross-guarantee assessment provisions of the Financial Institutions Reform, Recovery and Enforcement Act, Pub.L. No. 101-73, 103 Stat. 183 (1989) (codified in scattered sections of 12 U.S.C.) (“FIRREA”), constitutes a taking without just compensation in violation of the Takings Clause of the Fifth Amendment of the United States Constitution.
FACTS
The following facts are undisputed. Dr. Ben Branch (“plaintiff’) is the Chapter 7 Trustee of the…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
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3Cited by3 opinions
- Dr. Ben Branch, Trustee of Bank of New England Corporation, Derivatively and on Behalf and in the Name of Maine National Bank v. United StatesCourt of Appeals for the Federal Circuit · 1996
- The Meriden Trust And Safe Deposit Company v. Federal Deposit Insurance CorporationCourt of Appeals for the Second Circuit · 1995
- Meriden Trust & Safe Deposit Co. v. Federal Deposit InsuranceCourt of Appeals for the Second Circuit · 1995