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SHOW ME STATE PREMIUM HOMES, LLC v. McDONNELL

No. 22-1894.

74 F.4th 911 (2023)

SHOW ME STATE PREMIUM HOMES, LLC, Plaintiff-Appellant v. George L. McDONNELL; Doris M. McDonnell; Alan South, as Trustee under a Certain Deed of Trust; Kratky Road, Inc., a Trustee under a Certain Deed of Trust; United States of America, on behalf of Department of Housing and Urban Development; National City Bank; PNC Financial Services Group, Inc., as possible successor to National City Bank, Defendants-Appellees. Metropolitan St. Louis Sewer District, Defendant. City of Florissant, Missouri, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Scott F. Walterbach , of Kansas City, MO. The following attorney(s) appeared on the appellant brief; Phillip K. Gebhardt , formerly of De Soto, MO.

Counsel who presented argument on behalf of the appellee and appeared on the appellee brief, was Joshua Michael Jones , AUSA, of Saint Louis, MO.

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.

Show Me State Premium Homes wants its purchase of a foreclosed property to be free and clear of all other interests, including those belonging to the United States. Getting what it wants would require a "judicial sale." 28 U.S.C. § 2410(c). We agree with the district court1<...

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