First National City Bank v. United States

Davis, Judge,

delivered tbe opinion of the court:

Tihis case, before the court on cross-motions for summary judgment, was first heard by a panel. On June 16, 1976, a majority of the panel determined that plaintiff bank was entitled to recover $54,369.37 free of defendant’s set-offs; the issue of interest on the award was remanded to the Trial Division. 210 Ct. Cl. 375, 537 F. 2d 426. The writer of the present opinion dissented in part, coming up with a result not too far in monetary terms from the majority’s determination but rejecting the main basis of that decision — the no set-off provisions…