United States v. Wilshire Apartments, Inc. (Fred Spencer, Receiver), Medical Center State Bank

While I concur in the result reached by the majority both as to jurisdiction and the merits, my understanding of the case is sufficiently different from that of the majority to justify setting forth my reasons for concurrence.

The relevant facts are not complex. This appeal grows out of a foreclosure action brought against Wilshire Apartments, Inc. (Wilshire) by the United States, federal jurisdiction being based on 28 U.S.C. § 1345 (1976).1 Pursuant to the foreclosure action, a receiver for Wilshire was appointed by the trial court. Among other things, the receiver sought an order requiring…