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U.S. v. THORNBURG

No. CV-F-92-5400 DLB.

835 F.Supp. 543 (1993)

UNITED STATES of America, Plaintiff, v. Ruth G. THORNBURG, et al., Defendants.

United States District Court, D. California, E.D.

September 7, 1993.

Attorney(s) appearing for the Case

John J. McGarry, Sp. Asst. U.S. Atty., Small Business Administration, Fresno, CA, for plaintiff.

D. Tyler Tharpe, S. Brett Sutton, Kimble, MacMichael & Upton, Fresno, CA, Bruce R. Borad, Borad & Driscoll, Arnold, CA, for defendants.

DECISION AND ORDER RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

BECK, United States Magistrate Judge.

On June 10, 1992, Plaintiff filed this complaint alleging breach of a written guaranty contract, requesting judicial foreclosure of a mortgage on real property and a deficiency judgment. In answer, the Defendants raised, as an affirmative defense, expiration of the six year statute of limitations set forth in 28 U.S.C. § 2415(a)1

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