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FAIRHOLME FUNDS, INC. v. U.S.

No. 13-465 C.

FAIRHOLME FUNDS, INC. et al., Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

October 15, 2014.

Attorney(s) appearing for the Case

FAIRHOLME FUNDS, INC., Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

ACADIA INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

ADMIRAL INDEMNITY COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

ADMIRAL INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

BERKLEY INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

BERKLEY REGIONAL INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

CONTINENTAL WESTERN INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

MIDWEST EMPLOYERS CASUALTY INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

NAUTILUS INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

PREFERRED EMPLOYERS INSURANCE COMPANY, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

THE FAIRHOLME FUND, Plaintiff, represented by Charles J. Cooper , Cooper & Kirk, PLLC.

USA, Defendant, represented by Kenneth Michael Dintzer , U. S. Department of Justice - Civil Div..

OPINION AND ORDER

MARGARET M. SWEENEY, Judge.

Plaintiffs, shareholders of the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (collectively "the enterprises"), have sued the United States, claiming that it engaged in a taking of their property without just compensation, in violation of the Fifth Amendment to the United States Constitution. By way of background, after...

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