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CONNELLY v. DERWINSKI

No. 89-35543.

961 F.2d 129 (1992)

Michael L. CONNELLY; Peter Mason; Thomas P. Jones; Lawrence J. Walsh; David L. Burrows, individually and on behalf of all others in the State of Oregon similarly situated, Plaintiffs-Appellants, v. Edward J. DERWINSKI, Secretary, Veterans Affairs; United States of America; Veterans Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1992.

Attorney(s) appearing for the Case

David A. Leen, Leen & Moore, Seattle, Wash., and Margaretta Eakin, Portland, Or., for plaintiffs-appellants.

Malcolm L. Stewart, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before: NORRIS, BEEZER, and LEAVY, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

We are asked to determine, once again, whether a state anti-deficiency scheme is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans. This case involves Oregon law, which forbids a deficiency judgment after either a judicial or a non-judicial foreclosure sale. See Or.Rev.Stat. § 86.770(2). In United States v. Rossi,

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