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No. 9007203
United States Court of Appeals for the Ninth Circuit
Shepherd v. Derwinski
No. 9007203 · Decided April 1, 1992
No. 9007203·Ninth Circuit · 1992·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 1, 1992
Citation
No. 9007203
Disposition
See opinion text.
Full Opinion
In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans. Ariz.Rev.Stat.Ann. §§ 33-729 A, 33-814 G. Because the Arizona anti-deficiency law at issue here is identical to the Oregon anti-deficiency law we considered in Connelly v. Derwinski, 961 F.2d 129, 130 (9th Cir.1992), we hold, on the basis of that opinion, that Arizona’s anti-deficiency law is preempted by 38 C.F.R. § 36.4323 (e). Accordingly, we affirm the district court’s summary judgment awarded to the Secretary of Veteran Affairs. In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case. AFFIRMED.
Plain English Summary
In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans.
Key Points
01In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans.
02Because the Arizona anti-deficiency law at issue here is identical to the Oregon anti-deficiency law we considered in Connelly v.
03Derwinski, 961 F.2d 129, 130 (9th Cir.1992), we hold, on the basis of that opinion, that Arizona’s anti-deficiency law is preempted by 38 C.F.R.
04Accordingly, we affirm the district court’s summary judgment awarded to the Secretary of Veteran Affairs.
Frequently Asked Questions
In this appeal, we decide whether the Arizona anti-deficiency law is preempted by Department of Veteran Affairs (VA) regulations that authorize the VA to collect deficiencies on VA-guaranteed home loans.
FlawCheck shows no negative treatment for Shepherd v. Derwinski in the current circuit citation data.
This case was decided on April 1, 1992.
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