Fannie Mae: Perry Files Appeal, Berkowitz “To Continue On”

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Fannie Mae: Perry Files Appeal Berkowitz “To Continue On” by Todd Sullivan, ValuePlays

In The United States District Court For The District Of Columbia

PERRY CAPITAL LLC,

Plaintiff,

v.

JACOB J. LEW, in his official capacity as the Secretary of the Department of the Treasury, Edward Demarco, in his official capacity as Acting Director of the Federal Housing Finance Agency, DEPARTMENT OF THE TREASURY, and FEDERAL HOUSING FINANCE AGENCY,

Defendants.

Civil Action No. 1:13-cv-1025-RCL

Notice Of Appeal

Notice is hereby given this 2nd day of October, 2014, that Perry Capital LLC appeals to the United States Court of Appeals for the District of Columbia Circuit from: (1) the Memorandum Opinion (Dkt. No. 51) entered on September 30, 2014; (2) the Order Granting Defendants’ Motions to Dismiss and Denying Plaintiffs’ Cross-Motion for Summary  Judgment (Dkt. No. 52) entered on September 30, 2014; (3) the Order Denying Motion for Supplementation of the Administrative Record, Limited Discovery, Suspension of Briefing on the Defendants’ Dispositive Motions, and a Status Conference (Dkt. No. 53) entered on September 30, 2014; and (4) all other orders and rulings adverse to Perry Capital LLC in this case.

Dated: October 2, 2014

Respectfully Submitted,

/s/ Theodore B. Olson
Theodore B. Olson, SBN 367456
Douglas R. Cox, SBN 459668
Matthew D. McGill, SBN 481430
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Telephone: 202.955.8500
Facsimile: 202.467.0539
Janet M. Weiss (Pro Hac Vice)
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, N.Y. 10166
Telephone: 212.351.3988
Facsimile: 212.351.5234
Attorneys for Plaintiff Perry Capital LLC

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Fairholme receiving inquiries about District Court decision regarding Fannie Mae and Freddie Mac

FAIRHOLME FUNDS, INC.

Miami, FL

October 1, 2014

A MESSAGE FROM BRUCE BERKOWITZ

Dear Fellow Shareholders,

Fairholme has been receiving inquiries about yesterday’s D.C. District Court decision regarding Fannie Mae / Federal National Mortgage Assctn Fnni Me (OTCBB:FNMA) and Freddie Mac / Federal Home Loan Mortgage Corp (OTCBB:FMCC). I want to make sure that all shareholders have the relevant facts.

While we strongly disagree with the court’s conclusions, we remain steadfast in our belief that – at a minimum – shareholders are due just compensation for the Taking that has occurred.

That is, the D.C. District Court judge is either wrong or the law is unconstitutional – the issue is now quite simple.

In this respect, our ongoing litigation in the Court of Federal Claims seeks to remedy this matter.

We will continue to pursue our legal rights with the same conviction held in our other G-SIFIs (global systemically important financial institutions) – American International Group Inc (NYSE:AIG) and Bank of America Corp (NYSE:BAC) – deemed essential to our way of life.

Respectfully,

Bruce Berkowitz

Fairholme Funds, Inc.

The Funds’ investment objectives, risks, charges, and expenses should be considered carefully before investing. The prospectus contains this and other important information about the Funds, and it may be obtained by calling Shareholder Services at 1-866-202-2263 or visiting our website www.fairholmefunds.com. Read it carefully before investing.

Fairholme Distributors, LLC (10/14)

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