MATTES v. ABC PLASTICS, INC.

No. 02-1161.

323 F.3d 695 (2003)

Edward J. MATTES; Catherine Mattes; Nancy Waters, Plaintiffs, v. ABC PLASTICS, INC.; Ernest Stoppelmoor, Defendants, ABC Plastics, Inc.; Ernest Stoppelmoor, Third Party Plaintiffs — Appellants, v. Small Business Administration; LLP Mortgage, as Assignee of SBA, Third Party Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 2003.


Attorney(s) appearing for the Case

Randy E. Trca, argued, Iowa City, IA, for appellant.

Glenn P. Harris, argued, Small Business Administration, Washington, DC, for appellee.

Before MURPHY, JOHN R. GIBSON, and SMITH, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

ABC Plastics, Inc. and Ernest Stoppelmoor1 appeal from the district court's2 dismissal of their third-party complaint against the Small Business Administration and LPP Mortgage, as assignee of the SBA. The underlying suit was filed in Iowa state court by Edward J. Mattes, Catherine Mattes, and Nancy Waters against Stoppelmoor, seeking payment of the rent on a real estate lease...

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