UNITED STATES v. OLSEN

No. 74-1283.

515 F.2d 1269 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth OLSEN, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided May 15, 1975.


Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice, Civil Div., Appellate Section, with whom Carla A. Hills, Asst. Atty. Gen., New York City, James N. Gabriel, U. S. Atty., Boston, Mass., and Morton Hollander, Atty., Dept. of Justice, Civil Div., Appellate Section, Washington, D. C., were on brief, for plaintiff-appellant.

Harold E. Magnuson, with whom Martin, Magnuson, McCarthy & Kenney, Boston, Mass., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

Appellant, the United States, commenced this action in the district court, seeking to collect $15,529.70 plus accrued interest allegedly due from appellee as guarantor of a note held by the Small Business Administration (SBA). 28 U.S.C. § 1345; 15 U.S.C. § 634(b)(1). On cross motions for summary judgment the district court dismissed the complaint, and the government appeals.

On November 29, 1965, Flat Rock Skiway, Inc. obtained...

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