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Oral argument before Circuit Judges Hardiman, Krause and Bibas in the Third Circuit will be held at at 9:00 a.m. on Fri., Sept. 17, in Philadelphia.  THe Court has asked the parties to be prepared to discuss this question at oral argument: Whether the amount of or other consequences to an award of compensatory damages (and restitution, if not considered equitable relief) could be deemed to "restrain or affect the exercise of powers or functions of the Agency as a conservator" and thus be barred by 12 U.S.C. sec. 4617(f) in a given case, and, if so, whether the allegations of the complaint establish that Appellants' claims for compensatory damages and restitution would have that effect here.  Copies of the Court's letters to the parties addressing these matters are attached to this e-mail message. 17-3794-0025 17-3794-0026

FHFA and Treasury want 17 additional days to respond to the Collins Plaintiffs' rehearing request, and hint they're considering submitting a rehearing request by the Aug. 30 deadline to make that move.  A copy of the request filed with the Fifth Circuit is attached to this e-mail message.  17-20364-00514608496