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UNITED STATES v. CAIN

No. 83-2258.

736 F.2d 1195 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald E. CAIN, Evelyn P. Cain, Collin Cain, and Janice Cain, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 1984.

Attorney(s) appearing for the Case

Robert L. Simpkins, Asst. U.S. Atty., Frederick J. Hess-U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

John Womick, Carbondale, Ill., for defendants-appellants.

Before ESCHBACH and POSNER, Circuit Judges, and MARSHALL, District Judge.

PRENTICE H. MARSHALL, District Judge.

Appellee, the United States, brought this action to enforce personal guaranties on a loan in which the Small Business Administration (SBA) participated. Appellants, the guarantors of the loan, raised the affirmative defense that the SBA had breached its duty of good faith which appellants claimed was owed to them. By consent of the parties, the case was referred to a United States Magistrate pursuant to 28 U.S.C. § 636(c...

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