Federal Deposit Insurance Corporation v. Engle

524 F.2d 1339 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of San Francisco National Bank, Plaintiff-Appellee, v. Jerrold S. ENGLE et al., Defendants-Appellees, Appeal of Charles A. STONE and Joyce B. Stone, Applicants in Intervention. No. 74-1387. United States Court of Appeals, Ninth Circuit. Oct. 24, 1975. Rehearing Denied Nov. 25, 1975. Lowell D. Chatburn of Scholz & Shecter, Millbrae, Cal., for appellant stone. Michael H. Ahrens of Bronson, Bronson & McKinnon, San Francisco, Cal., for plaintiffs-appellees. OPINION Before MERRILL and SNEED, Circuit Judges, and MURPHY, District Judge. * MERRILL, Circuit Judge: 1 The crucial issue on the merits between the litigants is whether a transfer of an interest in certain real property from William and Colleen Bennett to Geoffrey Bennett was a fraud on the FDIC as creditor of William, and, as such, was subject to being set aside. FDIC brought this action against the Bennetts to secure a determination and decree to this effect. Lis pendens was filed as to the property. 2 While the action was pending, and subsequent to the filing of lis pendens, the Stones, appellants herein, obtained a state court judgment against Geoffrey…