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SETTLEMENT FUNDING, LLC v. TRANSAMERICA OCCIDENTAL LIFE INS. CO.

No. 07-50586.

555 F.3d 422 (2009)

SETTLEMENT FUNDING, LLC, doing business as Peachtree Settlement Funding, as Seller/Servicer for Peachtree Finance Company, LLC, Plaintiff-Counter-Defendant-Appellant, v. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Defendant-Counter-Plaintiff, v. United States of America, Defendant-Counter-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 2009.

Attorney(s) appearing for the Case

Earl S. Nesbitt (argued), Nesbitt, Vassar, McCown & Roden, Addison, TX, for Plaintiff-Appellant.

William George Cole (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for U.S.

Before PRADO, ELROD and HAYNES, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

Plaintiff-Appellant Settlement Funding, LLC, ("Settlement Funding") appeals the district court's summary judgment in favor of the United States, as well as the district court's denial of Settlement Funding's motion for default judgment against Rose Garcia. We affirm.

FACTS AND PROCEEDINGS

In 1992, Rose Garcia and the United States settled a lawsuit filed under the Federal Tort Claims Act. Pursuant to the settlement...

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