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STEWART TITLE AND TRUST OF PHOENIX v. ORDEAN

No. 74-1109.

528 F.2d 894 (1976)

STEWART TITLE & TRUST OF PHOENIX, an Arizona Corporation, Plaintiff-Appellee, v. Janice A. ORDEAN et al., Defendants-Appellees, and United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 27, 1976.

Attorney(s) appearing for the Case

Gary R. Allen, Atty. (argued), Tax. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant U.S.

Filipe K. Johansson (argued), of Johansson & Sanders, Ltd., Phoenix, Ariz., for defendant-appellee Ordean.

Bruce Norton of Snell & Wilmer, Phoenix, Ariz., for defendant-appellee Tom Jackson.

William F. Behrens of Behrens, MacLean & Jacques, Phoenix, Ariz., for defendant-appellee Huddle.

Wilbert G. Anderson of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for plaintiff-appellee Stewart.

Before MERRILL, CHOY and KENNEDY, Circuit Judges.

OPINION

ANTHONY M. KENNEDY, Circuit Judge:

This interpleader action concerns $16,000 deposited in escrow as earnest money for the purchase of a house in Phoenix, Arizona. The transaction fell through when the mortgagee refused to approve assumption of the mortgage by the purchaser. Both purchaser and sellers claimed a right to the earnest money. In addition, the United States claimed the fund under a tax lien filed pursuant to a jeopardy assessment for unpaid...

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