FARMERS HOME ADMIN. v. MUIRHEAD

No. 93-7414.

42 F.3d 964 (1995)

FARMERS HOME ADMINISTRATION, Etc., Plaintiff-Appellee, v. James I. MUIRHEAD, et al., Defendants. James I. MUIRHEAD, et al., Defendants-Third Party Plaintiffs-Appellants, v. SEA LANDS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1995.


Attorney(s) appearing for the Case

James R. Mozingo and Craig D. Smith, Edmonson, Biggs, Mozingo & Jelliffe, Jackson, MS, for appellants.

Steve Frank and Robert S. Greenspan, Attys., Washington, DC, for Farmers Home Admin.

David W. Dogan, III and David L. Trewolla, Heidelberg & Woodliff, Jackson, MS, for Sea Lands, Inc.

Before POLITZ, Chief Judge, JONES, Circuit Judge, and FULLAM, District Judge.


EDITH H. JONES, Circuit Judge:

The question in this case is whether the Farmers Home Administration, a federal agency, may be barred by state statute from enforcing its lien on Mississippi property, when the statutory bar arises from FmHA's untimeliness. Consistent with other federal courts of appeals, we hold that it may not be so barred. Unlike those other courts, however, we consider this a problematic result.

During 1979 and 1980, the Muirhead defendants...

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