Advance Bank v. United States

Opinion and Order

SYPOLT1, Judge.

Before the court are so-called “short form” cross-motions for partial summary judgment on the issue of liability for plaintiffs breach of contract claim.2 As directed at the status conference held on May 31, 2001, the parties also filed supplemental memoranda on liability in light of the decision in California Federal Bank, F.S.B., v. United States, 245 F.3d 1342 (Fed.Cir.2001), petition for reh’g and for reh’g en banc denied, 2001 U.S.App. LEXIS 17337 (Fed.Cir. July 10, 2001) (Nos.99-5108, 99-5119), cert. denied, — U.S. —, 122 S.Ct. 920, 151 L.Ed.2d 884 (2002)…