Fifth Third Bank v. United States

ORDER

MILLER, Judge.

Having ruled on the principal issues governing liability in Fifth Third Bank of W. Ohio v. United States, 52 Fed.Cl. 264 (2002), the court turns to the two dispositive issues remaining from the motions that predate assignment to this judge. United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996), is the predicate for this case, and the background facts are recited in Fifth Third, 52 Fed.Cl. at 265-69. At issue is whether plaintiffs claim for breach of contract and taking with regard to its merger with Sentry Savings and Loan Company (“Sentry”)…