Court of Appeals for the Federal Circuit September 22, 2003, Nos. 02-5132, 02-5137 (Bank United v. States)

PROST, Circuit Judge.

Hyperion Partners L.P. and Bank United Corp. (collectively “Hyperion”), and Bank United appeal the decision of the United States Court of Federal Claims granting them only part of the damages they sought for the government’s breach of several agreements caused by the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) Pub.L. No.