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UNITED STATES v. IRBY

No. 77-2848.

618 F.2d 352 (1980)

UNITED STATES of America, Plaintiff-Appellee-Cross Appellant, v. Joseph H. IRBY et al., Defendants-Appellants-Cross Appellees. UNITED STATES of America, Plaintiff-Appellee-Cross Appellant, v. T. SMITH & SONS, INC., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

June 5, 1980.

Attorney(s) appearing for the Case

Andrew P. Carter, Richard W. Bussoff, New Orleans, La., for T. Smith & Sons.

Joe Sam Owen, Hollis C. Thompson, Jr., W. Joel Blass, Gulfport, Miss., for Joseph H. Irby.

Robert E. Hauberg, U. S. Atty., Joseph E. Brown, Jr., Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee-cross appellant.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.

KRAVITCH, Circuit Judge.

In this action by the United States to recover a deficiency judgment against the appellant guarantors, the district court awarded the United States $65,568.73. In arriving at its judgment, the court refused to find that the sale of collateral from which the deficiency proceeded was commercially unreasonable. Because the district court applied the wrong body of the law to the issues involved, we reverse and remand.

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