U.S. v. FIRST CITY CAPITAL CORP.

No. 94-20186.

53 F.3d 112 (1995)

UNITED STATES of America, Plaintiff, v. FIRST CITY CAPITAL CORP., Defendant. U.S. SMALL BUSINESS ADMINISTRATION as Receiver for First City Capital Corp., Plaintiff-Appellee, v. BARRON CONSTRUCTION COMPANY, Bert I. Barron and Brent Barron, et al., Defendants, Brent J. Barron, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 1995.


Attorney(s) appearing for the Case

Patrick J. Dyer, Eugene B. Wilshire, Jr., Wilshire, Scott & Dyer, Houston, TX, for appellant.

Jack K. Gray, Houston, TX, for appellee.

Before WISDOM, JONES and EMILIO M. GARZA, Circuit Judges.


WISDOM, Circuit Judge:

In this case, the plaintiff/appellee the Small Business Administration ("SBA"), as receiver, sought to enforce a guarantee agreement against the defendant/appellant Brent J. Barron almost ten years after the maturity date of the underlying debt. The district court granted summary judgment in favor of the SBA. The court found that language in the guarantee agreement made a demand for payment a condition precedent to suit on the guarantee agreement...

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