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SHEPHERD v. DERWINSKI

Nos. 90-15911, 90-16670.

961 F.2d 132 (1992)

Ronald SHEPHERD, on behalf of; and all in the State of Arizona similarly situated; Rollin Barkley, on behalf of; and all in the State of Arizona similarly situated; Robert A. Bricker; Marion Rodgers, Plaintiffs-Appellants, v. Edward J. DERWINSKI, Administrator of the Veterans' Administration, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Rollin BARKLEY; Ronald Shepherd; Robert A. Bricker; Marion Rodgers, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1992.

Attorney(s) appearing for the Case

James M. Ackerman, Jennings, Strouss & Salmon, Phoenix, Ariz., for appellants.

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

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

In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans. Ariz.Rev.Stat.Ann. §§ 33-729 A, 33-814 G. Because the Arizona anti-deficiency law at issue here is identical to the Oregon anti-deficiency law we considered in Connelly v. Derwinski, 961 F.2d 129, 130 (9th Cir. 1992), we...

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