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U.S. v. CONTESTABILE

No. 92-8195.

989 F.2d 463 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. CONTESTABILE, Defendant-Appellant, Randelle Thornburgh, Defendant.

United States Court of Appeals, Eleventh Circuit.

April 27, 1993.

Attorney(s) appearing for the Case

Richard L. Stumm, Atlanta, GA, for defendant-appellant.

James R. Schulz, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY and COX, Circuit Judges.

TJOFLAT, Chief Judge:

This case turns on the effect of a guarantor's waiver of rights prior to a debtor's default on a loan made in participation with the Small Business Administration (SBA). We follow Georgia law's clear guidance and conclude that the pre-default waiver is not effective. Accordingly, we reverse the district court's grant of summary judgment against the guarantor and remand the case for further proceedings, but we affirm the court's grant of summary...

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