Bretz

902 F.2d 41 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. L.R. BRETZ, Defendant-Appellant. No. 87-4458. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1990. Decided April 30, 1990. Before WALLACE, SKOPIL and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 On August 29, 1978, A.J. Haider ("Haider") filed a mechanic's lien ("the Haider lien") against property located in Montana and owned by Augusta Lievens ("the Lievens property"). On or about March 8, 1982 the Haider lien was assigned to the appellant, L.R. Bretz. On March 2, 1984 the United States sued in federal court to foreclose a mortgage on the Lievens property. Appellant was named as a defendant. 3 Under Montana law, appellant carried the burden of establishing the validity of the Haider lien. Tri-County Plumbing and Heating, Inc. v. Levee Restorations, Inc., 720 P.2d 247, 251 (Mont.1986). Appellant attempted to…