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UNITED STATES v. PASTOS

No. 84-4430.

781 F.2d 747 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Carol Dubay PASTOS and John W. Pastos, d/b/a Carol's Country Corner, Defendants-Appellants, and Security State Bank of Polson and Lake County, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1986.

Attorney(s) appearing for the Case

Robert Brooks, Asst. U.S. Atty., Butte, Mont., for plaintiff-appellee.

Paul C. Meismer, Garlington, Lohn, & Robinson, Missoula, Mont., for defendants-appellants.

Before SKOPIL, PREGERSON, and WIGGINS, Circuit Judges.

PREGERSON, Circuit Judge:

INTRODUCTION

Appellants, Carol Dubay Pastos and John W. Pastos (the "Pastos") seek to redeem property purchased by appellees, the Small Business Administration (the "SBA"), at a mortgage foreclosure sale. The Pastos appeal the dismissals of their petition for redemption and motion to amend the foreclosure order. We reverse and remand.

BACKGROUND

The Pastos owned commercial property in Montana subject to a first...

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