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UNITED STATES v. MALLETT

No. 85-1477.

782 F.2d 302 (1986)

UNITED STATES of America, Plaintiff, Appellee, v. Ernest J. MALLETT, Jr. and Janet L. Mallett, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 28, 1986.

Attorney(s) appearing for the Case

Marc R. Scheer, Concord, N.H., with whom Robert L. Chiesa, William S. Gannon and Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, N.H., were on brief for defendants, appellants.

Bruce E. Kenna, Asst. U.S. Atty., with whom Richard V. Wiebusch, U.S. Atty., Concord, N.H., were on brief for plaintiff, appellee.

Before BOWNES and TORRUELLA, Circuit Judges, and HILL, Senior District Judge.

TORRUELLA, Circuit Judge.

We have before us the appeal from a summary judgment granted in a collection action brought under 28 U.S.C. § 1345. The District Court for the District of New Hampshire found defendants/appellants Ernest and Janet Mallett liable to the Small Business Administration (SBA) for over $132,000 due on a defaulted loan for which they signed a personal guaranty. The undisputed facts reveal that in November 1973, Linderhoff Resorts, Inc. borrowed...

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