Frank P. Slattery, Jr. v. United States

En banc decision of the Federal Circuit Court of Appeals


Does the U.S. Court of Federal Claims have jurisdiction under the Tucker Act to hear breach of contract claims if the breaching party does not receive federal federal. According to the Federal Circuit en banc--yes. The court held that if the governmental entity was purporting to act on behalf of the government, lilability for brach of contract can attach. The law suit was brought on behalf of shareholders of the Meritor Savings Bank, formerly the Philadelphia Savings Fund Society. In 1982, when the Western Savings Fund Society, a Pennsylvania bank, was failing, the Federal Deposit Insurance Corporation (FDIC) sought a solvent bank to merge with Western, to provide new capital and to assume Western’s liabilities; the merger would thereby avoid failure of Western and the accompanying draw on the FDIC insurance fund. The Philadelphia Savings Fund Society and the FDIC agreed to the merger, specifically including certain accounting procedures necessary to enable the merged bank to comply with statutory and regulatory capital requirements.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

Written by:


Marzulla Law, LLC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.