Shepherd v. Derwinski

Ninth Circuit

Shepherd v. Derwinski

961 F.2d 132

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 1, 1992

DocketNos. 90-15911, 90-16670

StatusPublished

Cited by4 cases

This text of 961 F.2d 132 (Shepherd v. Derwinski) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shepherd v. Derwinski, 961 F.2d 132 (9th Cir. 1992).

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Opinion

In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans. Ariz.Rev.Stat.Ann. §§ 33-729 A, 33-814 G. Because the Arizona anti-deficiency law at issue here is identical to the Oregon anti-deficiency law we considered in Connelly v. Derwinski, 961 F.2d 129, 130 (9th Cir.1992), we hold, on the basis of that opinion, that Arizona’s anti-deficiency law is preempted by 38 C.F.R. § 36.4323(e). Accordingly, we affirm the district court’s summary judgment awarded to the Secretary of Veteran Affairs.

In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case.

AFFIRMED.

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In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans. Ariz.Rev.Stat.Ann. §§ 33-729 A, 33-814 G. Because the Arizona anti-deficiency law at issue here is identical to the Oregon anti-deficiency law we considered in Connelly v. Derwinski, 961 F.2d 129, 130 (9th Cir.1992), we hold, on the basis of that opinion, that Arizona’s anti-deficiency law is preempted by 38 C.F.R. § 36.4323(e). Accordingly, we affirm the district court’s summary judgment awarded to the Secretary of Veteran Affairs.

In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case.

AFFIRMED.

Ronald Shepherd, on Behalf of and All in the State of Arizona Similarly Situated Rollin Barkley, on Behalf of and All in the State of Arizona Similarly Situated Robert A. Bricker Marion Rodgers v. Edward J. Derwinski, Administrator of the Veterans' Administration, United States of America v. Rollin Barkley Ronald Shepherd Robert A. Bricker Marion Rodgers

961 F.2d 132 (Ninth Circuit, 1992)

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961 F.2d 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-derwinski-ca9-1992.

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