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U.S. Court of Appeals for the Ninth Circuit, 1992

Shepherd v. Derwinski

Shepherd v. Derwinski
U.S. Court of Appeals for the Ninth Circuit · Decided April 1, 1992 · Beezer, Leavy, Norris
961 F.2d 132 (Federal Reporter, Second Series)

Counsel

James M. Ackerman, Jennings, Strouss & Salmon, Phoenix, Ariz., for appellants., Malcolm L. Stewart, U.S. Dept, of Justice, Washington, D.C., for appellees.

Shepherd v. Derwinski

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case.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

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