SLATTERY v. U.S.

Attorney(s) appearing for the Case

Thomas M. Buchanan , Winston & Strawn, LLP, of Washington, DC, argued for plaintiff-cross appellant Frank P. Slattery, Jr., (on behalf of himself and on behalf of all other similarly situated shareholders of Meritor Savings Bank) on rehearing en banc. With him on the brief were Peter Kryn Dykema , Eric W. Bloom and Jacob R. Loshin .

Bradley P. Smith , Sullivan & Cromwell LLP, of New York, NY, argued for plaintiffs-cross appellants Steven Roth and Interstate Properties on rehearing en banc. With him on the brief were Richard J. Urowsky and Jennifer L. Murray .

Jeanne E. Davidson , Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant on rehearing en banc. With her on the brief were Michael F. Hertz , Deputy Assistant Attorney General, Kenneth M. Dintzer , Assistant Director, F. Jefferson Hughes and William G. Kanellis , Trial Attorneys.

Dorothy Ashley Doherty , Federal Deposit Insurance Corporation, of Washington, DC, for amicus curiae Federal Deposit Insurance Corporation on rehearing en banc. With her on the brief was John M. Dorsey III .

Opinion for the court filed by Circuit Judge NEWMAN, in which Chief Judge RADER and Circuit Judges LOURIE, BRYSON, LINN, and MOORE join. Dissenting opinion filed by Circuit Judge GAJARSA, in which Circuit Judges DYK, PROST, and O'MALLEY join.