UNITED STATES v. GIBBS

Misc. No. 6759.

432 F.Supp. 1043 (1977)

UNITED STATES of America, Plaintiff, v. Benjamin F. GIBBS, Individually and trading as Gibbs-Paving, a/k/a Ben Gibbs and Josephine Louise Gibbs, a/k/a Josephine L. Gibbs, a/k/a Josephine Gibbs, his wife, Defendants.

United States District Court, W. D. Pennsylvania.

June 14, 1977.


Attorney(s) appearing for the Case

Alexander McNaugher, Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Cyril T. Garvey, Sharon, Pa., for defendants.


MEMORANDUM

ROSENBERG, District Judge.

The defendants, Benjamin F. Gibbs and Josephine L. Gibbs, in this case seek to stop an execution satisfying a judgment entered in favor of the plaintiff, the United States of America, on a loan issued by the Small Business Administration (SBA), on the basis that in effect the Administrator breached the contract at its inception.

On May 12, 1971, the SBA issued to the defendants a direct loan for $90,000 and authorized...

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