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KENNEY v. U.S.

Nos. 04-16748, 04-17019, 05-15354, 05-15386.

458 F.3d 1025 (2006)

George J. KENNEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Ticor Title Co. of California, Defendant-counter-claimant. George J. Kenney, Plaintiff-Appellee, v. United States of America, Defendant-Appellant, and Ticor Title Co. of California, Defendant-counter-claimant. George J. Kenney, Plaintiff-Appellee, v. United States of America, Defendant-Appellant, and Ticor Title Co. of California; First Select Inc.; Eskanos & Adler, PC, Defendants. George J. Kenney, Plaintiff-Appellant, v. United States of America, Defendant-Appellee, and Ticor Title Co. of California; First Select Inc.; Eskanos & Adler, PC, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2006.

Attorney(s) appearing for the Case

Benjamin C. Sanchez, Tierney, Watson & Healy, San Francisco, CA, for the appellant.

Kenneth L. Greene and Marion M. Erickson, U.S. Department of Justice, Washington, D.C., for the appellee/cross-appellant.

Before HUG and O'SCANNLAIN, Circuit Judges, and ROGER T. BENITEZ, District Judge.

HUG, Circuit Judge.

This case concerns U.S. Government ("Government") tax liens on the proceeds of the sale of a house owned by George Kenney ("Kenney") and his former wife, Donna. They owned the house as joint tenants. The Government liens extend only to Donna's interest in the proceeds. Over the years Kenney had made the entire payments on the notes secured by deeds of trust on the property, both his share and Donna's share. He contends that pursuant to oral agreements...

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