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UNITED STATES v. NEWTON LIVESTOCK AUCTION MARKET, INC.

No. 7602.

336 F.2d 673 (1964)

UNITED STATES of America, Appellant, v. NEWTON LIVESTOCK AUCTION MARKET, INC., Jeff H. King, Sr., President, Jeff H. King, Jr., Secretary-Treasurer, Newton Industrial Foundation, Inc., Sammie C. Hill, Russell Ellsaesser, W. G. Conner and Florence Conner; Jeff H. King, Jr., and Marion King, Jeff H. King, Sr., and Mildred King, Appellees.

United States Court of Appeals Tenth Circuit.

September 16, 1964.

Attorney(s) appearing for the Case

John C. Eldridge, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Newell A. George, U. S. Atty., and Alan S. Rosenthal and Kathryn H. Baldwin, Attys., Dept. of Justice, were on the brief), for appellant.

George Stallwitz, Wichita, Kan., for appellees Newton Livestock Auction Market, Inc., Sammie C. Hill, and Russell Ellsaesser.

Malcolm Miller, Wichita, Kan. (Robert C. Foulston, Wichita, Kan., was with him on the brief), for appellees Jeff H. King, Sr., Mildred King, Jeff H. King, Jr., and Marion King.

Roy H. Wasson, Wichita, Kan., filed a statement on behalf of appellees W. G. Conner and Florence Conner.

No appearance for appellee Newton Industrial Foundation, Inc.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The Small Business Administration (SBA), an agency of the United States, loaned $120,000 to appellee Newton Livestock Auction Market, Inc., (Newton). The loan was secured by mortgages on Kansas real and chattel property and by three separate guaranty agreements, each for $40,000. The guaranties were made by Jeff H. King, Sr., and his wife Mildred, by Jeff H. King, Jr., and his wife Marion, and by W. G. Conner and his wife Florence, all...

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