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UNITED STATES v. MacKENZIE

Nos. 71-1925, 71-1574.

510 F.2d 39 (1975)

UNITED STATES of America, Appellee, v. Marion H. MacKENZIE et al., Appellants. UNITED STATES of America, Appellee, v. ENGINE SERVICE CO., INC., an Arizona Corporation et al., Appellants.

United States Court of Appeals, Ninth Circuit.

January 13, 1975.

Attorney(s) appearing for the Case

Frederick Steiner, Jr., Snell & Wilmer (argued in 71-1574), Phoenix, Ariz., Michael K. Halley (argued in 71-1925), Reno, Nev., for appellants.

Stephen M. McNamee, Asst. U. S. Atty. (argued in 1574), Phoenix, Ariz., Stephen Eilpren, Atty., Dept. of Justice, Washington, D. C. (argued in 1925), for appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

HUFSTEDLER, Circuit Judge:

Upon foreclosure of these mortgages the courts below denied appellants the protection of state laws which would respectively have limited the deficiency judgment against MacKenzie and given Engine Service Co., Inc., redemption rights in the foreclosed property. We have taken these cases en banc to resolve the question whether federal law defers to or adopts these state laws when the creditor is the federal government and...

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