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UNITED STATES v. CAPITAL ASSISTANCE CORPORATION

No. 25779.

460 F.2d 256 (1972)

UNITED STATES of America and Small Business Administration, Appellees, v. CAPITAL ASSISTANCE CORPORATION, Appellant.

United States Court of Appeals, Ninth Circuit.

April 20, 1972.

Attorney(s) appearing for the Case

Lawrence A. Nestel (argued), Gerald J. Kilday, of Nemer, Nestel & Kilday, San Francisco, Cal., for appellant.

Walter H. Fleischer (argued), Alan S. Rosenthal, Morton Hollander, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., John J. Sharp, Washington, D. C., Earl E. Waugh, James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellees.

Before KOELSCH and GOODWIN, Circuit Judges, and MURRAY, District Judge.

ORDER OF AFFIRMANCE

PER CURIAM.

This appeal was taken from a judgment and order of the district court in an action by the appellee Small Business Administration to foreclose on an overdue note of appellant Capital Assistance Corporation and to be appointed receiver. The district court granted summarily the relief sought and dismissed the counterclaim.

We affirm.

The district court found and it is admitted by the appellant Capital Assistance...

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