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U.S. v. FIDELITY CAPITAL CORP.

No. 87-8945.

888 F.2d 1344 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. FIDELITY CAPITAL CORPORATION, A Georgia Corporation, Defendant, Commonwealth Mortgage Corporation of America, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 24, 1989.

Attorney(s) appearing for the Case

G. Michael Banick, Ronald T. Gold, Atlanta, Ga., for plaintiff-appellant.

Joseph R. Manning, Thomas T. Tate, Morris, Manning & Martin, Atlanta, Ga., for intervenor-appellee.

Before TJOFLAT, Chief Judge, FAY, Circuit Judge, and SHARP, District Judge.

PER CURIAM:

I.

On September 19, 1986, the United States District Court for the Northern District of Georgia appointed the Small Business Administration (SBA) receiver of Fidelity Capital Corporation, a firm that had been designated a small business investment company under the Small Business Investment Act of 1958, Pub.L. No. 85-699, tit. III, 72 Stat. 689, 691 (as amended).1 The order of appointment gave the SBA broad powers...

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