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UNITED STATES v. WARWICK

No. 81-2827.

695 F.2d 1063 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Wesley J. WARWICK and Eunice B. Warwick, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Ronald Kotnik, Isaksen, Esch, Hart & Clark, Madison, Wis., for defendants-appellants.

Richsad Cohen, Asst. U.S. Atty., John R. Byrnes, U.S. Atty., Madison, Wis., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, WOOD, Circuit Judge, and MAROVITZ, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This is an appeal from a district court decision awarding judgment of $40,368.68 plus interest to the Small Business Administration (SBA) on a promissory note in the amount of $60,000 given to assist in the establishment of an automobile painting business. The two issues on appeal are 1) whether the district court properly held that appellants had not adequately proved their defense that they were sureties, rather than principals...

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