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ENTERPRISE NAT. BANK v. VILSACK

No. 08-5148.

568 F.3d 229 (2009)

ENTERPRISE NATIONAL BANK, Appellant v. Thomas J. VILSACK, Secretary, United States Department of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2009.

Attorney(s) appearing for the Case

John J. Richard argued the cause for the appellant.

Heather Graham-Oliver, Assistant United States Attorney, argued the cause for the appellee. Jeffrey A. Taylor, United States Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant United States Attorney, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Enterprise National Bank n/k/a Enterprise Bank of Florida (Enterprise) made a loan guaranteed in part by the United States Department of Agriculture (Agriculture). When the borrower defaulted, Agriculture declined to honor its guarantee based on Enterprise's allegedly negligent loan servicing. After Enterprise obtained a favorable decision via Agriculture's administrative appeals process, Agriculture paid a portion of...

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