Legal Opinion
Dr. Ben Branch, Trustee of Bank of New England Corporation, Derivatively and on Behalf and in the Name of Maine National Bank v. United States
Court of Appeals for the Federal Circuit
Decided February 7, 1996No. 95-5022PublishedCited by 102 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This case presents a question of first impression for this court: whether the federal government violated the Takings Clause of the Fifth Amendment when it seized the assets of a bank to offset losses resulting from the failure of another bank owned by the same bank holding company. The Court of Federal Claims held that the seizure of the bank’s assets constituted an uncompensated taking and therefore violated the Fifth Amendment. Branch v. United States, 31 Fed.Cl. 626 (1994).
We disagree. The statutory provision at issue in this case directs that when a bank failure…
2Cases cited36 opinions
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- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
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3Cited by102 opinions
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- Castle v. United StatesCourt of Appeals for the Federal Circuit · 2002
- Demes v. United StatesUnited States Court of Federal Claims · 2002
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