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MUNOZ v. SMALL BUSINESS ADMINISTRATION

No. 79-4208.

644 F.2d 1361 (1981)

Oscar MUNOZ and Donaciana Munoz, husband and wife, doing business as La Rosita Bakery, Plaintiffs-Appellants, v. SMALL BUSINESS ADMINISTRATION, United States of America, Columbia Construction Company, United States Fidelity & Guaranty Company, and Casa Herrera, Inc., Defendants-Appellees, and Joe A. Maltos and Lilia V. Maltos, his wife, and the marital community composed thereof; Dale E. LaPierre and Darlene J. LaPierre, his wife, and the marital community composed thereof; and Sunnyside United Farmworkers, Co-Op, Third Party Defendants.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.

Attorney(s) appearing for the Case

Perry J. Robinson, Yakima, Wash., on brief; David Webber, Franklin & Watkins, Seattle, Wash., argued, for plaintiffs-appellants.

Roger K. Garrison, Sunnyside, Wash., on brief; Robert S. Linnell, Sunnyside, Wash., argued, for defendants-appellees.

Before WALLACE and PREGERSON, Circuit Judges, and GRANT, District Judge.

PREGERSON, Circuit Judge:

Appellants Oscar and Donaciana Munoz appeal the district court's dismissal of their action against the Small Business Administration (SBA), Columbia Construction Co., United States Fidelity & Guaranty Co., and Casa Herrera, Inc. Appellate jurisdiction lies under 28 U.S.C. § 1291. We affirm in part and reverse and remand in part.

FACTS

Oscar and Donaciana Munoz do business as La Rosita Bakery. In 1971 they obtained...

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