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SMALL BUSINESS ADMINISTRATION v. TAUBMAN

No. 25948.

459 F.2d 991 (1972)

SMALL BUSINESS ADMINISTRATION, etc., Plaintiff-Appellee, v. Louis TAUBMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 8, 1972.

Attorney(s) appearing for the Case

Newton Kalman (argued), of Caidin, Kalman, Hartman & Sampson, Beverly Hills, Cal., for defendant-appellant.

Leonard Schaitman (argued), Morton Hollander, L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., Robert L. Meyer/William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, DUNIWAY, and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellee Small Business Administration (SBA) as Receiver of Newman Capital Corporation, sued appellant Taubman in this action for $60,000 owed on a note made by Taubman to Newman Capital. Taubman admitted liability on the note, but counterclaimed as the assignee of Olympic Capital Corporation for an amount allegedly owed to Olympic by Newman Capital. The trial court granted SBA's motion for summary judgment on the counterclaim on the ground...

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