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FIRST TENNESSEE BANK NAT. ASS'N v. BARRETO

No. 98-6020.

268 F.3d 319 (2001)

FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff-Appellant, v. Hector V. BARRETO, in his official capacity as Administrator of the Small Business Administration, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 9, 2001.

Pursuant to Sixth Circuit Rule 206

Attorney(s) appearing for the Case

ARGUED: John S. Hicks (argued and briefed), BAKER, DONELSON, BEARMAN & CALDWELL, Nashville, Tennessee, for Appellant.

Robert C. Watson, ASSISTANT UNITED STATES ATTORNEY (argued and briefed), Nashville, Tennessee, for Appellee.

Before NORRIS and SUHRHEINRICH, Circuit Judges; RICE, Chief District Judge.

OPINION

WALTER HERBERT RICE, Chief District Judge.

This litigation stems from a loan guaranty agreement between appellant First Tennessee Bank National Association ("First Tennessee") and the Small Business Administration ("SBA"). After the SBA failed to honor the agreement, First Tennessee filed an official-capacity suit against the Administrator of the SBA. First Tennessee's lawsuit sought to compel the SBA to honor the guaranty agreement by repurchasing...

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