Note: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2007-5040

AMERICAN FEDERAL BANK, FSB,

Plaintiff-Appellee,

v.

UNITED STATES,

Defendant-Appellant.

David B. Bergman, Arnold & Porter LLP, of Washington, DC, argued for plaintiff- appellee. With him on the brief were Howard N. Cayne and Michael A. Johnson.

Kenneth M. Dintzer, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Timothy Abraham, Elizabeth M. Hosford, and Sameer Yerawadekar, Trial Attorneys. Appealed from: United States Court of Federal Claims Judge Charles F. Lettow

Note: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2007-5040

AMERICAN FEDERAL BANK, FSB,

Plaintiff-Appellee,

v.

UNITED STATES,

Defendant-Appellant.

Judgment ON APPEAL from the United States Court of Federal Claims in CASE NO(S). 95-CV-498 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (LOURIE, GAJARSA, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED: October 1, 2008 /s/ Jan Horbaly_____

Jan Horbaly, Clerk