McCALLUM v. GRIFFIN

No. 18492.

289 F.2d 135 (1961)

Phillip McCALLUM, as Administrator of Small Business Administration and United States of America, Appellants, v. Mrs. Burma S. GRIFFIN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 31, 1961.


Attorney(s) appearing for the Case

Sherman L. Cohn, Morton Hollander, Dept. of Justice, Washington, D. C., Slaton Clemmons, Asst. U. S. Atty., George Cochran Doub, Asst. Atty. Gen., Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., for appellants.

D. Wright Mitchell, Douglas W. Mitchell, Jr., Robert L. Vining, Jr., Dalton, Ga., for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

In 1957, the Luxury Carpet Mills, Inc., in which appellee owns some 40 percent of the stock, obtained a loan from the Small Business Administration under the provisions of 15 U.S.C.A. § 631 et seq. As a condition of the loan, the Administration required, inter alia, that the three stockholders, Mrs. Griffin, her husband, and another relative, execute "guaranties" on SBA Form 148 and that Mrs. Griffin's "be secured by first mortgage of land...

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