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U.S. ON BEHALF OF SMALL BUS. ADMIN. v. RICHARDSON

No. 89-1080.

889 F.2d 37 (1989)

The UNITED STATES of America, on Behalf of its Agency, The SMALL BUSINESS ADMINISTRATION v. Louis RICHARDSON, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 16, 1989.

As Amended November 28, 1989.

Attorney(s) appearing for the Case

Joseph A. Torregrossa (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant.

John R. Abbott (argued), U.S. Small Business Admin., King of Prussia, Pa., for appellee.

Before MANSMANN, SCIRICA and SEITZ, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from the denial of a motion under Fed.R.Civ.P. 60(b) to open a confessed judgment entered in favor of the Small Business Administration against appellant Louis Richardson. We hold that Richardson did not waive his right to assert the defense of the applicable statute of limitations to the confession of judgment. Therefore, we will reverse the order of the district court and remand for proceedings...

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