· 4/16/1993
Dietrich Industries, Inc. v. United States
Citations
- 988 F.2d 568
- 71 A.F.T.R.2d (RIA) 1623
- 1993 U.S. App. LEXIS 7907
- 1993 WL 93489
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deciding that a real estate purchaser could be equitably subrogated to a senior lien even though the purchaser partially paid the obligation because the senior lienholder released its lien and therefore would not suffer prejudice from subrogation
- reasoning that full discharge of debt is required to prevent prejudice to “the senior lienholder’s attempt to collect the entire indebtedness secured by the senior lien” (citations omitted)
- reasoning that full discharge of debt is required to prevent prejudice to “the senior lienholder’s attempt to collect the entire indebtedness secured by the senior lien” (citations omitted)
- “Denying subrogation in this case would give the government an unearned windfall in that it would elevate the government’s liens for no good reason.”
- permitting equitable subrogation without discussing whether purchaser was a volunteer
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, King, Wiener
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.