U.S. v. DAY

No. 88-1334.

857 F.2d 1184 (1988)

UNITED STATES of America, Appellee, v. William A. DAY, a/k/a William Arthur Day, a/k/a William Day, a/k/a Bill A. Day, a/k/a Bill Day, and Helen L. Day, husband and wife, Appellants, Henry W. Richardson and Barbara L. Richardson, husband and wife; Richard Oil Company; Yorkshire, Inc.; U.S. Department of Agriculture, on behalf of Commodity Credit Corporation and Decatur County A.S.C. Committee; U.S. Department of Agriculture; Farmers Home Administration; and Decatur County, Iowa.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 1988.

Rehearing Denied November 7, 1988.

Attorney(s) appearing for the Case

Alfredo Parrish, Des Moines, Iowa, for appellants.

Robert C. Dopf, Asst. U.S. Atty., Des Moines, Iowa, for appellee.

Before ARNOLD, FAGG and WOLLMAN, Circuit Judges.


William A. Day and Helen L. Day appeal from a district court order granting summary judgment to the government in a foreclosure action. We affirm.

The Small Business Administration (SBA) loaned money to the Days under the disaster loan program. 15 U.S.C. § 636(b). In exchange, the Days signed a promissory note and mortgaged their farmland as security for the loan.

The Days were late with their 1980 and 1981 payments. They obtained...

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