· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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