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OCR: The suggested contract claims are wholly illusory and authoriza tion of damages directly under the Fifth Amendment is appropriate because otherwise the depri- vation Meyer' property interest by FSLIC will not be vindicated CONCLUSION The iudgment of the court of appeals should be affirmed Respectfully Submitted GENNARO FILICE IET Counsel Record For Respondent June 1993 appropriate or to repudiate executory contracts" FDIC Br. 34 This again, beg the question involved this case: that is whether the receiver had t with anp process in exer cising its discretion Tepudiate M ever contract if the contract were ieemed burdensome judgment PILICE Tiis begs comport cuntract deemed