Fifth Third Bank of Western Ohio v. United States

PLAGER, Senior Circuit Judge.

In this Wmsiar-related case, the issue is whether the Government is liable for breach of contract resulting in alleged losses sustained by plaintiff Fifth Third Bank of Western Ohio (“Fifth Third”). The transactions at issue are familiar, arising out of the thrift industry problems in the 1980s. The United States Court of Federal Claims held a trial on the issue. After plaintiff presented its case-in-chief, the Government moved for judgment on the theory that the evidence did not establish the existence of the alleged contractual obligations. The trial court…