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U.S. v. FAIRWAY CAPITAL CORP.

No. 06-2023.

483 F.3d 34 (2007)

UNITED STATES of America, Plaintiff, Appellee, v. FAIRWAY CAPITAL CORPORATION, Defendant, Government of the Virgin Islands, Claimant, Appellant, The Law Offices of Holland & Knight, LLP, as Counsel to Joseph M. DiOrio, Trustee for Arnold Kilberg; Henry D. Vara; Francis Dimento; James C. Callahan, Claimants.

United States Court of Appeals, First Circuit.

Decided April 11, 2007.

Attorney(s) appearing for the Case

John J. Jacko, III, with whom H. Marc Tepper and Buchanan Ingersoll & Rooney, PC, were on brief, for claimant-appellant.

Thomas W. Rigby, Chief Counsel for SBIC Liquidation, Office of General Counsel, U.S. Small Business Administration, with whom Stacey P. Nakasian and Duffy Sweeney & Scott, LTD. were on brief, for appellee.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

This is a case involving a claim for possession of property and a monetary claim that the Government of the Virgin Islands ("GVI") made against the Small Business Administration ("SBA") receivership estate for Fairway Capital Corporation. The SBA Receiver recommended that GVI's possessory claim be denied, and that its monetary claim be granted in part. GVI filed an objection, but the district court...

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