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UNITED STATES v. HUB CITY VOLKSWAGEN, INC.

No. 77-3946.

625 F.2d 213 (1980)

UNITED STATES of America, Plaintiff and Appellee, v. HUB CITY VOLKSWAGEN, INC., et al., Defendants. Richard L. HOLTORF, Defendant, Third-Party Plaintiff and Appellant, v. Theodore M. KEENEY, Third-Party Defendant, and Wells Fargo Bank, National Association, etc., Third-Party Defendant and Appellee. James v. ALLRED et al., Defendants, Third-Party Plaintiffs and Appellants, v. Theodore M. KEENEY, Third-Party Defendant, and Wells Fargo Bank, National Association, etc., Third-Party Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 9, 1980.

Attorney(s) appearing for the Case

John A. Sturgeon, Los Angeles, Cal., argued, for defendant, third-party plaintiff and appellant; Sidney I. Pilot, Los Angeles, Cal., on brief.

Stephen D. Peterson, Asst. U. S. Atty., Los Angeles, Cal., argued, for plaintiff and appellee; Andrea Sheridan Ordin, U. S. Atty., Los Angeles, Cal., Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., on brief.

Before DUNIWAY, CHOY and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

In order to obtain a $150,000 Small Business Administration loan for Hub City Volkswagen, Inc., the appellants, five of Hub City's six shareholders and their spouses, signed unconditional personal guaranties for pro rata portions of the loan. In this appeal they challenge the district court's application of the parol evidence rule to prevent them from showing an oral condition precedent to the effectiveness...

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