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U.S. v. FIRST CITY CAPITAL CORP.

Civ. A. Nos. H-88-1203, H-88-1203-A.

840 F.Supp. 69 (1993)

UNITED STATES of America, Plaintiff, v. FIRST CITY CAPITAL CORPORATION, Defendant. U.S. SMALL BUSINESS ADMINISTRATION in its Capacity as Receiver for First City Capital Corporation, Plaintiff, v. BARRON CONSTRUCTION COMPANY, INC., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

September 29, 1993.

Attorney(s) appearing for the Case

Nancy L. Holley, U.S. Trustee, Houston, TX, Wayne T. Ault, Small Business Admin., Washington, DC, Nancy L. Holley, U.S. Attys. Office, Houston, TX, for plaintiff U.S.

Wayne T. Ault, Arlene P. Messinger, Small Business Admin., Washington, DC, Cornelius Joseph Calnan, Cornelius J. Calnan & Associates, Houston, TX, for plaintiff Small Business Admin.

Jack Kenneth Gray, Gray & Associates, Houston, TX, for defendant First City Capital.

Eugene B. Wilshire, Jr., Wilshire Scott Halbach & Dyer, Houston, TX, for defendant Brent J. Baron.

J. Eric Toher, Porter & Clements, Houston, TX, for defendant Southforms Systems & Supply, Inc., Michael D. Bishop, Thomas G. Collier, Edward T. Douglass and Robin L. Scott.

ORDER

NORMAN W. BLACK, Chief Judge.

Pending before the Court are Plaintiff's motion to compel and Defendant Brent Barron's motion for summary judgment. A response has been filed to the summary judgment motion. After careful review, the Court is of the opinion that the motion to compel should be granted and the motion for summary judgment denied.

The Small Business Administration ("SBA") in its capacity as receiver for First City Capital Corporation...

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