Legal Opinion · Dissent

Texas State Bank v. United States

Court of Appeals for the Federal Circuit

Decided September 21, 2005No. 2004-5126Published

1DissentNewman, Circuit Judge

I agree that the United States is the appropriator of the funds for which Texas State Bank claims compensation; thus it is irrelevant whether the Federal Reserve System is or is not a Non-Appropriated Funds Instrumentality (NAFI), for the requirement that the earnings on Texas State Bank’s deposits with the Federal Reserve Banks must be paid over to the United States Treasury is an action of the United States. Thus I concur in the court’s holding that the United States was properly before the Court of Federal Claims, and that the case was improperly dismissed on NAFI grounds.

The case should…

2Cases cited13 opinions

  1. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  2. Phillips v. Washington Legal FoundationSupreme Court of the United States · 1998
  3. Brown v. Legal Foundation of WashingtonSupreme Court of the United States · 2003
  4. Morton Grove Park District v. American National Bank & Trust Co.Illinois Supreme Court · 1980
  5. State Highway Commission of Missouri v. SpainhowerSupreme Court of Missouri · 1973

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