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· 2/7/1996

Dr. Ben Branch, Trustee of Bank of New England Corporation, Derivatively and on Behalf and in the Name of Maine National Bank v. United States

Citations

  • 69 F.3d 1571

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that seizure of assets to offset tax liability or pay a civil penalty would not constitute a taking
  • holding that taxes are not takings under the Fifth Amendment
  • noting that seizure 14 of assets to offset tax liability or pay a civil penalty would 15 not constitute a taking
  • rejecting the assertion that the seizure of a sister bank of a failed thrift under a cross-guarantee provision of FIRREA constituted a per se taking
  • noting absence of “any principle of takings law under which an imposition of liability is deemed a per se taking as to any party that cannot pay it”
  • rejecting the plaintiffs characterization of the alleged “taking,” which consisted of several distinct events

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Clevenger, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.