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ST. PETERSBURG BANK & TRUST COMPANY v. BOUTIN

No. 29135.

445 F.2d 1028 (1971)

ST. PETERSBURG BANK & TRUST COMPANY, Plaintiff-Appellee, v. Bernard L. BOUTIN, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 24, 1971.

Attorney(s) appearing for the Case

Bernard H. Dempsey, Jr., Asst. U. S. Atty., Tampa, Fla., Robert V. Zener, Michael C. Farrar, Attys., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., John L. Briggs, U. S. Atty., Washington, D. C., for defendants-appellants.

Edward I. Cutler, Tampa, Fla., Thomas M. Tucker, St. Petersburg, Fla., H. Diane Breithaupt, Tampa, Fla., Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, Fla., and Carlton, Fields, Ward, Emmanuel, Smith, & Cutler, P.A., Tampa, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The Bank sued SBA on that agency's guarantees of two separate $150,000 loans made by the Bank to the now-bankrupt Caladesic Capital Corporation.1 After a nonjury trial the Bank secured judgment on both guaranties for the full amount of $300,000. We conclude that the court erred in holding SBA liable on the first guaranty issued, but correctly held it liable on the second, and, as modified, affirm.

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