Shepherd v. Derwinski

U.S. Court of Appeals for the Ninth Circuit
Shepherd v. Derwinski, 961 F.2d 132 (9th Cir. 1992)

Shepherd v. Derwinski

Opinion of the Court

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In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case.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

Reference

Full Case Name
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, Defendant-Appellee UNITED STATES of America v. Rollin BARKLEY Ronald Shepherd Robert A. Bricker Marion Rodgers
Cited By
4 cases
Status
Published