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ALVERNES v. SMALL BUSINESS ADMINISTRATION

No. 72-1271.

470 F.2d 954 (1972)

Joseph R. ALVERNES, Plaintiff-Appellant, v. SMALL BUSINESS ADMINISTRATION et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 19, 1972.

Attorney(s) appearing for the Case

Laurent L. Rousseau, Newport, R. I., with whom Francis J. Boyle and Moore, Virgadamo, Boyle & Lynch, Newport, R. I., were on brief, for appellant.

Brian G. Bardoff, Newport, R. I., with whom Sheffield & Harvey, Newport, R. I., was on brief, for appellees, Israel M. Resnikoff and David T. Chase.

Lincoln C. Almond, U. S. Atty., and Everett C. Sammartino, Asst. U. S. Atty., on brief for appellee, Small Business Administration.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Judge.

Simplifying somewhat the facts, plaintiff-appellant was the owner of a parcel of land on which he had granted a first mortgage to the Small Business Administration, having a balance due of $66,000, and a second mortgage to one Aquidneck, with a balance due of $6,800. Plaintiff defaulted on the payments and the first mortgagee gave notice of a foreclosure sale. Prior to the sale, defendants Resnikoff and Chase, hereinafter defendants,

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