UNITED STATES v. "A" MFG. CO., INC.

No. 74-3541.

541 F.2d 504 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. "A" MANUFACTURING COMPANY, INC., J. B. Adoue, III, and Sam R. Hayes, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 29, 1976.


Attorney(s) appearing for the Case

Joe L. Orr, Ft. Worth, Tex., for defendants-appellants.

Frank D. McCown, U.S. Atty., Claude D. Brown, Asst. U.S. Atty., Ft. Worth, Tex., for plaintiff-appellee.

Rufus S. Garrett, Jr., Ft. Worth, Tex., for Receiver.

Beale Dean, Ft. Worth, Tex., for Bk. of No. Tex.

Jack E. Brady, Dallas, Tex., for E. D. M. of Tex.

Before BROWN, Chief Judge, and RIVES and GEE, Circuit Judges.


JOHN R. BROWN, Chief Judge:

The Government sued on behalf of the Small Business Administration against "A" ("A" Manufacturing Company, Inc.) to cover a claimed outstanding balance due on a promissory note, payable to the Bank of North Texas and guaranteed by the SBA. The note was signed by Adoue and Hayes as sureties. The SBA is the undisputed present holder of the note.

During a hearing for the appointment of a receiver arising from a motion by the Government...

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