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WHITEHEAD v. DERWINSKI

No. 89-35069.

904 F.2d 1362 (1990)

Harold D. WHITEHEAD; Carole M. Underwood; James C. Jensen, Jr.; Gregory M. Smith; Paul D. Brady, Plaintiffs-Appellees, v. Edward J. DERWINSKI, Secretary of the Department of Veteran Affairs; United States of America; U.S. Department of Veterans Affairs; Richard F. Murphy, Director, Seattle Regional Office of the Veterans Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1990.

Attorney(s) appearing for the Case

Mark B. Stern, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellants.

David A. Leen, Leen & Moore, Seattle, Wash., for plaintiffs-appellees.

Before BROWNING, ALARCON and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Appellant, the Secretary of the Department of Veteran Affairs ("VA"), appeals from the summary judgment against him in a class action on behalf of veterans1 in the state of Washington from whom the Department of Veteran Affairs is seeking to collect deficiencies remaining after default and foreclosure on VA-guaranteed home loans. The district court held that the VA's rights, as guarantor, against the debtor could...

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