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BLUE FOX INC. v. SMALL BUSINESS ADMIN.

No. 96-35648.

121 F.3d 1357 (1997)

BLUE FOX INC., a Washington Corporation, Plaintiff-Appellant, v. SMALL BUSINESS ADMINISTRATION; The United States Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Thomas F. Spaulding, Spaulding, Cox & Schaeffer, LLP, Portland, OR, for plaintiff-appellant Blue Fox Inc.

Herbert C. Sundby, Assistant United States Attorney, Portland OR, for defendants-appellees United States Small Business Administration and the United States Department of the Army.

Before: FERGUSON, REINHARDT, and RYMER, Circuit Judges.

FERGUSON, Circuit Judge:

Blue Fox appeals from a summary judgment in favor of the Small Business Administration and the Department of the Army. Blue Fox was a subcontractor which worked on a construction project at an Army Depot. After the prime contractor failed to pay Blue Fox in full, Blue Fox sought an equitable lien against funds held by the Army and Small Business Administration which has since been distributed to...

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