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CARTER v. DERWINSKI

Civ. No. 88-1426.

758 F.Supp. 603 (1991)

Dale L. CARTER, David A. Johnson, Fred Emery, and James R. Straw on behalf of all in the State of Idaho similarly situated, Plaintiffs, v. Edward DERWINSKI, or his successor, Secretary of the Department of Veterans Affairs, Defendant.

United States District Court, D. Idaho.

February 28, 1991.

Attorney(s) appearing for the Case

M. Michael Sasser, Hamlin & Sasser, P.A., Boise, Idaho, Margaretta Eakin, Margaretta Eakin, P.C., Portland, Or., David A. Leen, Leen & Moore, Seattle, Wash., for plaintiffs.

Maurice O. Ellsworth, U.S. Atty., D. Marc Haws, Asst. U.S. Atty., Boise, Idaho, Stuart M. Gerson, Asst. Atty. Gen., J. Christopher Kohn, Robert M. Hollis, Ruth A. Harvey, Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OF OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

RYAN, Chief Judge.

I. FACTS AND PROCEDURE

Plaintiffs Dale Carter, David Johnson, Fred Emery, and James Straw1 (hereinafter collectively referred to as "veterans") bought homes in Idaho through the Veterans Administration (VA) loan guaranty program. The veterans defaulted on their VA guaranteed loans which were secured by trust deeds. Upon default, the private...

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