United States Ninth Circuit

A determination that a bankruptcy debtor's lease in certain tribal land had priority over a deed of trust, since it was recorded in the BIA Title Plant before the deed, is reversed where federal law points to state law to determine priority. Under a state's race-notice statute, priority was obtained by recording in the county in which the land was located.

Appellate Information

• Argued 03/08/2006
• Decided 04/13/2006
• Published 04/13/2006

Judges

• SILVERMAN, Circuit Judge., Before O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John D. Sullivan;  Short Cressman & Burgess PLLC, Seattle, WA, for appellant Gold Eagle Gaming, LLC., Jason M. Whalen;  Alexander S. Kleinberg;  Eisenhower & Carlson, PLLC, Tacoma, WA, for appellant Tiffany J. Harrison.


• For Appellees:
  
• Michael J. Murphy;  William J. Crittenden;  Groff Murphy Trachtenberg & Everard PLLC, Seattle, WA, for appellee Emerald Outdoor Advertising, LLC.