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FIRST AMERICAN TITLE INS. CO. v. U.S.

No. 87-6190.

848 F.2d 969 (1988)

FIRST AMERICAN TITLE INSURANCE CO., a Calif. corp.; Provident Savings Bank, a Federally Chartered Savings Bank, Plaintiffs-Appellants, v. UNITED STATES of America; Department of the Treasury; Internal Revenue Service; Mark A. Moss; Provident Financial Corp., a California Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1988.

Attorney(s) appearing for the Case

Barry R. Laubscher, Sanford Shatz, Costa Mesa, Cal., for plaintiffs-appellants.

William S. Rose, Jr., Acting Asst. Atty. Gen., Michael L. Paup, William S. Estabrook, B. Paul Klein, Tax Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before FARRIS, BOOCHEVER and REINHARDT, Circuit Judges.

FARRIS, Circuit Judge:

First American Title Insurance Co. and Provident Federal Savings Bank appeal from the district court's grant of a motion to dismiss for failure to state a claim. We reverse and remand.

BACKGROUND

This appeal concerns the status of various liens on real property located in Grand Terrace, California. Mark A. Moss acquired the property in July 1983. He mistakenly recorded the deed under the name Mark H. Moss. In October 1983,...

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