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DBSI/TRI IV LTD. PARTNERSHIP v. U.S.

Nos. 04-36066, 05-35748.

465 F.3d 1031 (2006)

DBSI/TRI IV LIMITED PARTNERSHIP, an Idaho limited partnership; Forest Hills Investors of Coquille, Oregon Ltd., an Oregon limited partnership; Jadin Investments, Ltd., an Oregon limited partnership; Norseman Village, an Oregon limited partnership; Parkside Development, an Oregon limited partnership, Plaintiffs, and Sherry Goldammer; Donald Gerhard; Ron Veillon; Carmen Thomas; Diana Rhodes, Appellants, v. UNITED STATES of America, Defendant-Appellee. Sherry Goldammer; Donald Gerhard; Ron Veillon; Carmen Thomas; Diana Rhodes, Plaintiffs-Appellants, v. Forest Hills Investors of Coquille, Oregon Ltd., an Oregon limited partnership; Jadin Investments, Ltd., an Oregon limited partnership; Norseman Village, an Oregon limited partnership, Defendants, and Ann Veneman, in her official capacity as secretary of the United States Department of Agriculture; DBSI/TRI IV Limited Partnership; DBSI Realty Corp., an Idaho corporation; Northwest Real Estate Capital Corporation, an Idaho corporation; DBSI/TRI VII, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2006.

Attorney(s) appearing for the Case

Arthur Schmidt, Oregon Law Center, Portland, OR, argued the cause for the appellant. Michelle Ryan, Oregon Law Center, was on the briefs.

Robert E. Bakes, Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, ID, argued the cause for appellee DBSI. Andrew R. Gardner, Stoel Rives, Portland, OR, was on the brief.

Kelly A. Zusman, Assistant United States Attorney, Portland, OR, argued the cause for appellee United States. John Muson, Special Assistant United States Attorney, Portland, OR, was on the brief.

Before HAWKINS, SILVERMAN, and GOULD, Circuit Judges.

SILVERMAN, Circuit Judge.

This consolidated appeal concerns the prepayment of a Section 515 loan by owners of low-income housing in Oregon contrary to the prepayment procedures required by the Emergency Low Income Housing Protection Act of 1987, 42 U.S.C. § 1472 ("ELIHPA"). Appellants are residents who presently live in this housing property.

First, they appeal the district court's denial of their motion to intervene in a quiet title lawsuit, DBSI...

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