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UNITED STATES v. WILLIS

No. 76-2592.

593 F.2d 247 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Duane G. WILLIS and Mary J. Willis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1979.

As Amended May 8, 1979.

Attorney(s) appearing for the Case

William D. Beyer, U. S. Atty., Cleveland, Ohio, Daisy G. Collins, Cleveland, Ohio, Leonard Schaitman, Mark N. Mutterperl, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., Robert E. Kopp, Richard A. Olderman, Washington, D. C., for plaintiff-appellant.

Richard L. Phillips, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for defendants-appellees.

Before EDWARDS, Chief Judge, and CELEBREZZE and KEITH, Circuit Judges.

KEITH, Circuit Judge.

The Small Business Administration (SBA), an agency of the United States government, appeals from a judgment of the district court denying its claims against Duane G. Willis and Mary J. Willis. Plaintiff commenced this action on December 22, 1975, alleging that the defendants were liable to it pursuant to a guaranty executed in conjunction with an SBA loan. The guaranty was assigned to the SBA upon default of the primary debtor and performance...

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