U.S. v. REAL PROPERTY AT 2659 ROUNDHILL DR., ALAMO, CAL.

Nos. 98-15836, 98-16207.

194 F.3d 1020 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY AT 2659 ROUNDHILL DR., ALAMO, CA, Defendant, Robert Fitzstephens; Wilson Young; Keith Slipper; Joseph Ippolito; Michael Thaler; Mark Schwab, Claimants-Appellants, and Kathryn Payton; Gregg Payton; Anthony Gregg Payton, Claimants. United States of America, Plaintiff-Appellee, v. Real Property at 2659 Roundhill Dr., Alamo, CA, Defendant, World Savings & Loan Association, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 1999.


Attorney(s) appearing for the Case

Dena R. Thaler and Kathleen Marie Moura, Law Office of Dena R. Thaler, Oakland, California, for the claimants-appellants.

Barry D. Hovis, Hovis, Smith, Larson, Lipscomb & Cross, San Francisco, California, for the intervenor-appellant.

Robert D. Ward, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: LAY, PREGERSON and HAWKINS, Circuit Judges.


MICHAEL DALY HAWKINS, Circuit Judge:

The appellants are claimants (Robert Fitzstephens et al., hereinafter "purchasers") and intervenors (World Savings and Loan Association, hereinafter "World") in an in rem forfeiture suit brought by the government against real property. They appeal the district court's summary judgment order in favor of the government. For the reasons set forth below, we reverse.

I. Facts and Procedural History

In 1990,...

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