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FEDERAL DEPOSIT INS. CORP. v. ENGLE

No. 74-1387.

524 F.2d 1339 (1975)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of San Francisco National Bank, Plaintiff-Appellee, v. Jerrold S. ENGLE et al., Defendants-Appellees, Appeal of Charles A. STONE and Joyce B. Stone, Applicants in Intervention.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 25, 1975.

Attorney(s) appearing for the Case

Lowell D. Chatburn of Scholz & Shecter, Millbrae, Cal., for appellant Stone.

Michael H. Ahrens of Bronson, Bronson & McKinnon, San Francisco, Cal., for plaintiffs-appellees.

Before MERRILL and SNEED, Circuit Judges, and MURPHY, District Judge.

OPINION

MERRILL, Circuit Judge:

The crucial issue on the merits between the litigants is whether a transfer of an interest in certain real property from William and Colleen Bennett to Geoffrey Bennett was a fraud on the FDIC as creditor of William, and, as such, was subject to being set aside. FDIC brought this action against the Bennetts to secure a determination and decree to this effect. Lis pendens was filed as to the property.

While the action...

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