BARBOUR v. UNITED STATES

Nos. 75-1206 and 75-1207.

562 F.2d 19 (1977)

George BARBOUR and Charlene Barbour, his wife, Appellees, v. UNITED STATES of America, Appellee, The Troy State Bank and Gordon Hinde, Appellants. UNITED STATES of America, Appellee, v. George BARBOUR and Charlene Barbour, his wife, Appellants.

United States Court of Appeals, Tenth Circuit.

August 24, 1977.


Attorney(s) appearing for the Case

Eugene W. Hiatt and Kenneth F. Crockett, of Hiatt, Crockett, Hiatt & Carpenter, Topeka, Kan., for George Barbour and Charlene Barbour.

John S. May, of May & Tuley, Atchison, Kan., for appellants, The Troy State Bank and Gordon Hinde.

Richard A. Olderman, Civ. Div., App. Section, Dept. of Justice, Washington, D. C. (E. Edward Johnson, U.S. Atty., and Richard L. Meyer, Asst. U.S. Atty., Topeka, Kan., on the brief), for appellee, United States of America.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.


SETH, Circuit Judge.

The United States, the Small Business Administration, brought suit on a promissory note against George Barbour and his wife for a deficiency judgment. The SBA had sold the equipment of defendants which was the security for the note. This action was tried to a jury, and the SBA recovered a judgment. The defendants Barbour appeal this judgment.

The Barbours filed a counterclaim (and also a separate action) against the Government, against...

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