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GREAT SOUTHWEST LIFE INS. CO. v. FRAZIER

No. 87-3966.

860 F.2d 896 (1988)

GREAT SOUTHWEST LIFE INSURANCE CO., a Texas corporation, Plaintiff, and United States of America, acting through the Small Business Administration, Counter-claimant-Appellee, v. Darlene FRAZIER, a widowed woman, the Estate of Fred M. Frazier; Darlene Frazier, as Personal Representative of the Estate of Fred M. Frazier, deceased; and any and all unknown heirs or devisees of Fred M. Frazier, Defendant-cross-defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Frank J. Dykas, Boise, Idaho, for defendant-cross-defendant-appellant.

Jeffrey W. Ring, Asst. U.S. Atty., Boise, Idaho, for counter-claimant-appellee.

Before FLETCHER, and REINHARDT, Circuit Judges, and GEORGE, District Judge.

FLETCHER, Circuit Judge:

Darlene Frazier, mortgagor, appeals the district court's finding that the Small Business Administration ("the SBA"), second mortgagee, is entitled to a deficiency judgment against her for the balance of her SBA loan after the sale of collateral. Frazier contends that under Idaho law the SBA is barred from obtaining a deficiency judgment. She asserts defenses of impairment of collateral, estoppel, violation of agency procedures, and breaches...

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