Stewart Title & Trust of Phoenix, an Arizona Corporation v. Janice A. Ordean, and United States of America

OPINION

Before MERRILL, CHOY and KENNEDY, Circuit Judges. ANTHONY M. KENNEDY, Circuit Judge:

This interpleader action concerns $16,-000 deposited in escrow as earnest money for the purchase of a house in Phoenix, Arizona. The transaction fell through when the mortgagee refused to approve assumption of the mortgage by the purchaser. Both purchaser and sellers claimed a right to the earnest money. In addition, the United States claimed the fund under a tax lien filed pursuant to a jeopardy assessment for unpaid federal marijuana excise taxes. The district court granted summary judgment against…