The Implicit Breach of Contract was for the Implicit Good Faith and Fair Dealing Contract between Fannie Mae and Freddie Mac (here, the FHFA in its acting capacity as the Conservator) and their Shareholders.
The SPSA is a different contract between the UST and FHFA in its acting capacity as the Conservator, which the USSCT in Collins said was within the FHFA's power under HERA.
On appeal, do you think the Plaintiff will ask for expanded damages?
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