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U.S. v. KELLEY

No. 85-1259.

890 F.2d 220 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Barton C. KELLEY and Donna Marie Kelley, et al., Defendants-Appellants, v. FAIRLAWN PLAZA STATE BANK, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 21, 1989.

Attorney(s) appearing for the Case

Frank M. Rice (Dan L. Wulz with him on the brief) of Schroer, Rice, Bryan & Lykins, Topeka, Kan., for defendants-appellants.

Alleen S. Castellani, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., with her on the brief), Topeka, Kan., for plaintiff-appellee.

Arthur E. Palmer of Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., filed a brief for third party defendant-appellee.

Before LOGAN and BALDOCK, Circuit Judges, and PHILLIPS, District Judge.

LOGAN, Circuit Judge.

Defendants Barton and Donna Kelley appeal the grant of summary judgment in favor of plaintiff Small Business Administration (SBA) and the dismissal of third-party defendant Fairlawn Plaza State Bank (Bank). The Kelleys personally guaranteed two $130,000 promissory notes of Kelley Aquarium and Pet Supplies Co., Inc., for SBA-guaranteed loans through the Bank. Both notes were secured by assets of the debtor. The debtor subsequently defaulted and...

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