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U.S. v. H & S REALTY CO.

No. 87-1061.

837 F.2d 1 (1987)

UNITED STATES of America, Plaintiff, Appellee, v. H & S REALTY CO., etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 24, 1987.

Attorney(s) appearing for the Case

F. Bruce Sleeper with whom Michael A. Nelson and Jensen Baird Gardner & Henry, Portland, Me., were on brief, for defendant, appellant.

Gary Fox, Chief Counsel for Special Litigation, Small Business Admin., Washington, D.C., for plaintiff, appellee U.S.

Lauren C. Folsom with whom Frank G. Chapman and Hiscock & Barclay, Portland, Me., were on brief, for third-party defendant, appellee Key Bank of Central Maine.

Before COFFIN, DAVIS and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

In this meticulously briefed appeal, the parties have presented a vast array of authorities favoring and disfavoring the capacity of a guarantor to waive the commercial reasonableness requirement of section 9-504(3) of the Uniform Commercial Code, Me.Rev.Stat.Ann. tit. 11, § 9-504(3). The question of a guarantor's ability to waive is one not specifically addressed by the drafters of the U.C.C. and has predictably generated a diversity of...

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