We previously affirmed a decision of the United States Court of Federal Claims finding that the government was liable for the FDIC's breach of contract, and awarding $276 million in “lost value” damages. Slattery v. United States, 583 F.3d 800, 815–18 (Fed.Cir.2009) (“Slattery I ”), vacated and reh'g en banc granted,369 Fed.Appx. 142 (Fed.Cir.2010), reinstated as modified on reh'g en banc,635 F.3d 1298 (Fed.Cir.2011) (en banc). On remand, the Court of Federal Claims dealt with two distinct questions raised by two distinct parties.
(b) What is the appropriate standard for determining whether an entity is a nonappropriated fund instrumentality?Slattery v. United States, 369 Fed.Appx. 142 (Fed. Cir. 2010) (Order). The Federal Deposit Insurance Corporation has participated in this rehearing as amicus curiae and has filed briefs and presented argument.