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BOLEY v. BROWN

No. 93-1067.

10 F.3d 218 (1993)

Roger BOLEY, individually and on behalf of all others in the State of North Carolina similarly situated, Plaintiff-Appellant, and Clinton Null, Plaintiff, v. Jesse BROWN, Secretary of Veterans Affairs; Kenneth McDonald, or his successor, Director, Winston-Salem Regional Office of the Veteran's Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 15, 1993.

Attorney(s) appearing for the Case

Philip A. Baddour, Jr., Baddour, Parker, Hine & Wellons, Goldsboro, NC, argued (Chloe J. Wellons, Baddour, Parker, Hine & Wellons, on brief), for plaintiff-appellant.

Malcolm Lay Stewart, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart E. Schiffer, Acting Asst. Atty. Gen., James Russell Dedrick, Acting U.S. Atty., Mark B. Stern, Civ. Div., on brief), for defendants-appellees.

Before RUSSELL, Circuit Judge, SPROUSE, Senior Circuit Judge, and GARBIS, United States District Judge for the District of Maryland, sitting by designation.

OPINION

GARBIS, District Judge:

In this case Major Roger Boley ("Boley" or "Appellant") seeks a determination that he and a putative class should be relieved from liability to indemnify the Department of Veterans Affairs ("VA") for guarantee payments on VA loans. Specifically, Boley contends that:

(1) The failure of the VA to meet the North Carolina law requirements for a deficiency judgment precludes the VA from asserting a right to indemnification...

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