UNITED STATES v. CONRAD PUB. CO.

Nos. 78-1251, 78-1290.

589 F.2d 949 (1978)

UNITED STATES of America, Appellant, v. CONRAD PUBLISHING COMPANY, a corporation, the Estate of Currie Conrad, John G. Conrad and Charles Conrad, Appellees (Two cases).

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1978.


Attorney(s) appearing for the Case

Allan Gerson, Atty., App. Sec., Civ. Div., Dept. of Justice, Washington, D. C. (argued), Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James R. Britton, U. S. Atty., Fargo, N. D., and Ronald R. Glancz, Washington, D. C., on brief, for appellant United States.

William C. Kelsch of Kelsch, Kelsch & Tudor, Mandan, N. D., argued and on brief, for Conrad Publishing Co.

Before GIBSON, Chief Judge, and LAY and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

The United States brought this action in order to collect the balance due on a promissory note given by Conrad Publishing Company and assigned to the Small Business Administration (SBA). It sought to recover $63,816.76 from the Company and the guarantors of the note, Charles Conrad, John Conrad and Currie Conrad.1 This amount represented the deficiency remaining after the sale of the Company's assets and real property...

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