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U.S. v. FIDELITY CAPITAL CORP.

No. 87-8945.

920 F.2d 827 (1991)

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.

January 10, 1991.

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.

TJOFLAT, Chief Judge:

In our earlier decision in this matter, United States v. Fidelity Capital Corp., 888 F.2d 1344 (11th Cir.1989) (Fidelity I), we remanded the case to the district court to determine whether Fidelity Capital Corporation (Fidelity), a company licensed as a Small Business Investment Company (SBIC) under the provisions of the Small Business Investment Act of 1958, Pub.L. No. 85-699, 72 Stat. 689 (codified...

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