DUNCAN v. PENINGER

No. 79-1609.

624 F.2d 486 (1980)

W. Earl DUNCAN, James R. Duncan, Hoyt P. Piver, Daris H. Piver, Administratrix of the Estate of Avery A. Piver, Deceased, Appellants, v. Glenn PENINGER, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1980.


Attorney(s) appearing for the Case

Ralph G. Jorgensen, Tabor City, N. C., for appellants.

Wayne C. Alexander, Asst. U. S. Atty., Charlotte, N. C. (Harold M. Edwards, U. S. Atty., Charlotte, N. C., Pamela G. Steele, Washington, D. C., Small Business Administration, on brief), for appellee.

Before WINTER, WIDENER and MURNAGHAN, Circuit Judges.


MURNAGHAN, Circuit Judge:

Posed by this case is the question of whether a sufficient claim was asserted where a Small Business Administration official was claimed to have caused the breach of an oral agreement by the SBA to sell instruments of indebtedness owned by the SBA. We hold that no viable claim existed and affirm the district court's judgment in favor of the defendants.

I.

In 1969 Auto Vac Company, Inc. borrowed $85,000 from a bank, evidencing...

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