Whitehead v. Derwinski

904 F.2d 1362 Harold D. WHITEHEAD; Carole M. Underwood; James C. Jensen, Jr.; Gregory M. Smith; Paul D. Brady, Plaintiffs-Appellees, v. Edward J. DERWINSKI, Secretary of the Department of Veteran Affairs * ; United States of America; U.S. Department of Veterans Affairs ** ; Richard F. Murphy, Director, Seattle Regional Office of the Veterans Administration, Defendants-Appellants. No. 89-35069. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1990. Decided June 4, 1990. Mark B. Stern, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellants. David A. Leen, Leen & Moore, Seattle, Wash., for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before BROWNING, ALARCON and RYMER, Circuit Judges. RYMER, Circuit Judge: 1 Appellant, the Secretary of the Department of Veteran Affairs ("VA"), appeals from the summary judgment against him in a class action on behalf of veterans 1 in the state of Washington from whom the Department of Veteran Affairs is seeking to collect deficiencies remaining after default and foreclosure on VA-guaranteed home loans. The district court held that the VA's…