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CALLAHAN v. MONETA CAPITAL CORP.

Nos. 04-1950, 04-1951.

415 F.3d 114 (2005)

James C. CALLAHAN; Francis Dimento; Rita Dimento; Henry D. Vara, Claimants, Appellants, United States, Plaintiff, v. MONETA CAPITAL CORPORATION, Defendant, Appellee, Nancy Troy Lovett, The Nancy Troy Lovett Self-Directed Individual Retirement Account, Raul L. Lovett Marital Trust, Claimants, Appellants, United States, Plaintiff, v. Moneta Capital Corporation, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Robert K. Taylor, with whom Jeffrey H. Gladstone and Partridge Snow & Hahn LLP were on brief, for appellant Lovett, et al.

Kevin D. Heitke, with whom Law Office of Kevin D. Heitke was on brief, for appellant Callahan, et al.

Arlene M. Embrey, Attorney, Office of General Counsel, U.S. Small Business Administration, with whom Thomas E. Carlotto and Shechtman Halperin Savage, LLP were on brief, for appellee.

Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

STAHL, Senior Circuit Judge.

This case consists of two consolidated appeals arising from a receivership proceeding initiated by the United States Small Business Administration ("SBA") against Moneta Capital Corporation ("Moneta"), a small business investment corporation established in 1984. Appellants Nancy Troy Lovett, the Nancy Troy Lovett Individual Retirement Account, and the Raul L. Lovett Marital Trust (the "Lovett Appellants") appeal from a district court order...

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