U.S. v. McCALL

No. 99-2166.

235 F.3d 1211 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. William McCALL, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 15, 2000.


Attorney(s) appearing for the Case

Thomas M. Bondy, Appellate Staff Attorney, Civil Division, Department of Justice, Washington D.C. (David W. Ogden, Acting Assistant Attorney General, Washington D.C., John J. Kelly, United States Attorney, New Mexico, and Barbara C. Biddle, Appellate Staff Attorney, Civil Division, Department of Justice, Washington D.C., with him on the on the brief), for Plaintiff-Appellant.

Roger Eaton, of Eaton, Martinez & Hart, P.C., Albuquerque, NM, for Defendant-Appellee.

Before SEYMOUR, Chief Circuit Judge, MURPHY, Circuit Judge and KANE, District Judge.


KANE, Senior District Judge.

The United States filed this appeal after judgment was entered against it in a foreclosure action against Defendant McCall and sanctions imposed. We AFFIRM.

After a bench trial to determine whether the Farmers Home Administration (FmHA)1 was entitled to foreclose against property pledged to secure several notes on which the Defendant had defaulted and collect a 10% surcharge pursuant to 28 U.S.C. &...

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