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IN RE GATEWAY RADIOLOGY CONSULTANTS, P.A.

No. 20-13462.

983 F.3d 1239 (2020)

IN RE: GATEWAY RADIOLOGY CONSULTANTS, P.A., Debtor. USF Federal Credit Union, Jovita Carranza, in her capacity as Administrator for the U.S. Small Business Administration, Appellants, v. Gateway Radiology Consultants, P.A., Appellee.

United States Court of Appeals, Eleventh Circuit.

December 22, 2020.

Attorney(s) appearing for the Case

Megan Wilson Murray , Adam M. Gilbert , Underwood Murray, PA, Tampa, FL, for Plaintiff-Appellant USF Federal Credit Union.

Joshua Marc Salzman , U.S. Department of Justice, Washington, DC, Lindsey Powell , U.S. Attorney General's Office, Washington, DC, for Plaintiff-Appellant Jovita Carranza.

Maury L. Udell , Beighley Myrick Udell & Lynne, PA, Miami, FL, Thomas G. Zeichman , Counsel, Beighley Myrick Udell & Lynne, PA, Boca Raton, FL, for Defendant-Appellee.

Before ROSENBAUM, ANDERSON, and ED CARNES, Circuit Judges.

Gateway Radiology Consultants is a small business debtor in an active Chapter 11 bankruptcy proceeding seeking a loan under the Paycheck Protection Program (PPP). The problem for Gateway is that the Small Business Administration, which Congress authorized to implement the PPP and to issue regulations on the subject, has...

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