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VICTORY HIGHWAY VILLAGE, INC. v. WEAVER

No. 80-1134.

634 F.2d 1099 (1980)

VICTORY HIGHWAY VILLAGE, INC., a Minnesota corporation, and James T. Dalton and Joanne A. Dalton, husband and wife, Appellants, v. A. Vernon WEAVER as Administrator of the Small Business Administration, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1980.

Attorney(s) appearing for the Case

Thomas K. Berg, U. S. Atty., Minneapolis, Minn., John M. Lee, argued, Asst. U. S. Atty., D. Minn., Minneapolis, Minn., for appellee.

Joseph T. O'Neill, argued, St. Paul, Minn., and Lawrence A. Wilford, O'Neill, Burke & O'Neill Ltd., St. Paul, Minn., for appellants.

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

FLOYD R. GIBSON, Senior Circuit Judge.

This action was filed in the District Court as a declaratory judgment proceeding by the guarantors against the holder and owner of a promissory note, secured by a real estate mortgage and certain personal guaranties, to determine the liability of the guarantors where the original debtor had been discharged of any deficiency, after foreclosure, by operation of a Minnesota statute.

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