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U.S. v. REAL PROPERTY

No. 94-56491.

89 F.3d 551 (1996)

UNITED STATES of America, Plaintiff-Appellee, and Cities of La Quinta, Sanger & Loma Linda; Coachella Valley Joint Powers Insurance Authority; Federal Deposit Insurance Corporation, as Receiver for Jefferson Bank And Trust, Claimants-Appellees, v. REAL PROPERTY LOCATED AT 13328 AND 13324 STATE HIGHWAY 75 NORTH, BLAINE COUNTY, IDAHO, Defendant, and Palm Desert Redevelopment Agency, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Christopher Norgaard, Brown, Winfield & Canzoneri, Los Angeles, California, for claimant-appellant.

Kathryn R. Norcross, Federal Deposit Insurance Corporation, Washington, D.C., for plaintiff-appellee.

Peter A. Urhausen, Gibbons, Lees & Conley, Walnut Creek, California; Steven M. Hanle, Stradling, Yocca, Carlson & Rauth, Newport Beach, California, for claimants-appellees.

Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge.

VAN SICKLE, District Judge.

The Palm Desert Redevelopment Agency ("PDRA") appeals the District Court's decision to transfer the net proceeds from the sale of property located in Blaine County, Idaho to a fund administered by the Securities and Exchange Commission ("SEC") to reimburse the victims of the fraud of Steven D. Wymer. The PDRA believes that it should be the sole recipient of the $1,042,636.82 in net proceeds from the Idaho sale because the funds used by...

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