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BANK OF HEMET v. UNITED STATES

No. 79-3188.

643 F.2d 661 (1981)

BANK OF HEMET, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1981.

Attorney(s) appearing for the Case

Terry S. Kaplan, Peter Collisson, Cohen & Ziskin, Beverly Hills, Cal., for plaintiff-appellant.

Robert S. Pomerance, Atty., Washington, D.C., argued, for defendant-appellee; Gilbert E. Andrews, Dept. of Justice, Washington, D.C., on brief.

Before GIBSON, SNEED and SKOPIL, Circuit Judges.

SNEED, Circuit Judge:

This is a contest between two junior lienholders arising because the security, while adequate to satisfy the debt of the senior lienholder, is not enough to satisfy the respective debts of each junior lienholder. Broadly speaking, the issues are which of the junior lienholders is to suffer the most and by what amount, if any, is each to suffer.

As of July 7, 1977, the appellant Bank of Hemet held a non-purchase-money second deed of trust...

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