PHARAOHS GC v. UNITED STATES SMALL BUSINESS ADMIN.

Docket No. 20-2170-cv August Term, 2020.

990 F.3d 217 (2021)

PHARAOHS GC, INC., Plaintiff-Appellant, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, Tami Perriello, in her Official Capacity as Acting Administrator of the Small Business Administration, United States of America, Janet Yellen, in her Official Capacity as United States Secretary of Treasury, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2021.


Attorney(s) appearing for the Case

Steven M. Cohen ( William A. Lorenz, Jr. , on the brief), Hogan Willig, PLLC, Amherst, New York for Plaintiff-Appellant.

Courtney L. Dixon ( James P. Kennedy, Jr. , Michael S. Raab , on the brief), for Jeffrey Bossert Clark , Acting Assistant Attorney General for Defendants-Appellees.

Before: Lohier and Park, Circuit Judges, and Rakoff, District Judge.


In March 2020, Congress created the Paycheck Protection Program ("PPP" or "Program"), which authorized the Small Business Administration ("SBA") to guarantee favorable loans to certain businesses affected by the COVID-19 pandemic. The SBA Administrator promulgated regulations imposing several longstanding eligibility requirements...

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