RONALD SHEPHERD, ON BEHALF OF; AND ALL IN THE STATE OF ARIZONA SIMILARLY SITUATED; ROLLIN BARKLEY, ON BEHALF OF; AND ALL IN THE STATE OF ARIZONA SIMILARLY SITUATED; ROBERT A. BRICKER; MARION RODGERS, PLAINTIFFS-APPELLANTS,
v.
EDWARD J. DERWINSKI, ADMINISTRATOR OF THE VETERANS' ADMINISTRATION, DEFENDANT-APPELLEE; UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. ROLLIN BARKLEY; RONALD SHEPHERD; ROBERT A. BRICKER; MARION RODGERS, DEFENDANTS-APPELLANTS
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In a separate unpublished memorandum disposition, we also affirm the summary judgment against Barkley, who raised issues particular to his case.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.
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Carter v. Derwinski, 987 F.2d 611 (9th Cir. 1993)
Authorities Cited
- Connelly v. Derwinski, 961 F.2d 129 (9th Cir. 1992)