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U.S. v. AGRI SERVICES, INC.

Nos. 94-2078, 94-2083.

81 F.3d 1002 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. AGRI SERVICES, INC., Defendant-Appellant, and Four Way Cattle Co., Inc., Arlene Daniels, Robert L. Odle, Sharon Odle, and Ronald D. Garnett, Defendants. UNITED STATES of America, Plaintiff-Appellee, v. FOUR WAY CATTLE CO., INC., and Arlene Daniels, Defendants-Appellants, and Robert L. Odle, Agri Services, Inc., Sharon Odle, and Ronald D. Garnett, Defendants.

United States Court of Appeals, Tenth Circuit.

April 16, 1996.

Attorney(s) appearing for the Case

James G. Whitley, III (Francis J. Mathew with him on the briefs) of Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., Santa Fe, New Mexico, for Defendants Four Way Cattle Co., Inc. and Arlene Daniels.

Mark L. Ish (Carol J. Ritchie with him on the briefs) of Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, P.A., Santa Fe, New Mexico, for Defendant Agri Services, Inc.

Manuel Lucero, Assistant U.S. Attorney (John J. Kelly, United States Attorney with him on the brief), Albuquerque, New Mexico, for Plaintiff.

Before SEYMOUR, Chief Judge, SETH, Circuit Judge, and KANE, District Judge.

SEYMOUR, Chief Judge.

The Small Business Administration (SBA) brought this action seeking an in personam judgment against the debtor and guarantor on a promissory note. The SBA also sought foreclosure of an equitable mortgage allegedly created by the assignment of a state land contract to secure the promissory note. Defendants appeal from the district court's grant of summary judgment for the SBA. We reverse and remand...

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