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UNITED STATES v. GISH

No. 76-3046.

559 F.2d 572 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Howard GISH and Jacquelyn Gish, his wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 22, 1977.

Attorney(s) appearing for the Case

William Kanter, argued, Harry R. Silver, Leonard Schaitman, Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

James D. DeWitt, Fairbanks, Alaska, and Harvey A. Levin, argued, Birch, Jermain, Horton & Bittner, Washington, D. C., for defendants-appellees.

Before WRIGHT, CHOY and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 22, 1977.

EUGENE A. WRIGHT, Circuit Judge:

The government appeals from the dismissal of its action for a deficiency judgment which the district court held barred by an Alaska statute prohibiting recovery of such judgments following a nonjudicial foreclosure.

The Small Business Administration (SBA) made a $147,000 disaster relief loan to Howard and Jacquelyn Gish in 1967 as a result of flood damage to...

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