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OLD WEST ANNUITY AND LIFE INS. CO. v. APOLLO GROUP

No. 09-10994.

605 F.3d 856 (2010)

OLD WEST ANNUITY AND LIFE INSURANCE COMPANY, et al., Plaintiff-Counter-Claimant, United States of America, Intervenor Plaintiff-Counter-Defendant-Appellant, v. The APOLLO GROUP, a California corporation, Defendant-Appellee, Camp Coast To Coast, Inc., The Affinity Group, Inc., Intervenor Plaintiffs-Appellees, Hans Schulz, a Trustee of the Schulz Family Trust, dated 1/1/88, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

May 4, 2010.

Attorney(s) appearing for the Case

Peter A. Sklarew, Bethany B. Hauser, Thomas J. Clark, Dept of Justice, Tax Div., Washington, DC, for U.S.

Hoaward M. Camerik, Gray Robinson, P.A., Ft. Lauderdale, FL, for Appellees.

Before EDMONDSON, BARKETT and BALDOCK, Circuit Judges.

PER CURIAM:

This appeal is one by the Government from the district court's allocation of surplus proceeds from the sale of real property in a foreclosure action. A bankruptcy estate owned the real property; several creditors obtained relief from the automatic stay to pursue this foreclosure action. The Government contends that the district court erred in these ways: (1) by applying Florida law instead of federal common law to determine whether the Government could...

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