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U.S. v. FIRST NATIONAL BANK OF CICERO

No. 90-2404.

957 F.2d 1362 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF CICERO and Leslie I. Cohodes, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 1992.

As Amended February 27, 1992.

Attorney(s) appearing for the Case

Linda A. Wawzenski, Asst. U.S. Atty. (argued), Crim. Div., Chicago, Ill., for plaintiff-appellant.

Stephen C. Voris (argued), Clinton J. Wesolik, Burke, Wilson & McIlvaine, Chicago, Ill., for First National Bank of Cicero.

Stephen C. Voris, Burke, Wilson & McIlvaine, Chicago, Ill., for Leslie I. Cohodes.

Before BAUER, Chief Judge, and COFFEY and MANION, Circuit Judges.

COFFEY, Circuit Judge.

The United States appeals a summary judgment entered in favor of First National Bank of Cicero, denying the United States recovery of both an allegedly improperly paid Small Business Administration loan guaranty in the amount of $410,721.29 and of treble damages under the False Claims Act, 31 U.S.C. § 3729. We reverse and remand for trial.

I. FACTS

In 1980 the Small Business...

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