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UNITED STATES v. HATTAWAY

No. 73-1439.

488 F.2d 55 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. J. F. HATTAWAY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 9, 1974.

Attorney(s) appearing for the Case

R. Jackson B. Smith, Jr., U.S. Atty., Henry L. Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., Walter H. Fleischer, Donald Etra, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Will Ed Smith, Eastman, Ga., for J. F. Hattaway and Bertha H. Hattaway.

Before GODBOLD, DYER and GEE, Circuit Judges.

DYER, Circuit Judge:

In this appeal we are called upon to determine whether the Small Business Administration is required to pay attorney's fees in addition to the defaulted principal and interest of a promissory note secured by mortgage when, although the holder had actual notice of the fee interest of the SBA and its desire to pay the indebtedness, statutory notice to pay within ten days to avoid attorney's fees was given by the holder only to the maker. The district...

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