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IN RE HAGENDORFER

No. 86-7070.

803 F.2d 647 (1986)

In re Fred Daniel HAGENDORFER and Brenda Blanchard Hagendorfer, Debtor. UNITED STATES of America, Plaintiff-Appellee, v. Charles Michael SMITH, Trustee of the Estate of Fred Daniel Hagendorfer and Brenda Blanchard Hagendorfer, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 3, 1986.

Attorney(s) appearing for the Case

C. Michael Smith, Paul & Smith, Mobile, Ala., for defendant-appellant.

Cheryl L.P. Crisona, Sp. Atty., U.S. Atty's. Office, Mobile, Ala., for plaintiff-appellee.

Before HILL and HATCHETT, Circuit Judges, and THOMAS, Senior District Judge.

DANIEL HOLCOMBE THOMAS, Senior District Judge:

The Trustee brings this appeal following a reversal of a favorable Bankruptcy Court ruling by the District Court. The debtors in this case are Frederick Daniel Hagendorfer and Brenda Faye Hagendorfer; the creditor is the United States Small Business Administration (SBA). The issue before this court is: Where it is uncontested by the parties that a mutual mistake was made in describing the real estate which was the security...

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