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UNITED STATES v. S.K.A. ASSOCIATES, INC.

No. 76-2574.

600 F.2d 513 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. S.K.A. ASSOCIATES, INC., et al., Defendants, The S. K. A. Associates, a partnership, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 1979.

Attorney(s) appearing for the Case

Arthur S. Weitzner, Miami, Fla., for defendant-appellant.

Harland F. Leathers, Sp. Asst. to Atty. Gen. Morton Hollander, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JONES, RONEY and TJOFLAT, Circuit Judges.

RONEY, Circuit Judge:

In this action initiated by the Small Business Administration to replevy and foreclose upon certain personal property of its debtor, the district court applied federal law to determine the priority of a conflicting landlord's claim, and found that claim to be inchoate so that it could not prevail against the SBA consensual security interest. After oral argument on appeal, the case was held pending review by the United States Supreme Court of...

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