Legal Opinion
United States v. Irby
Court of Appeals for the Fifth Circuit
Decided June 5, 1980No. 77-2848PublishedCited by 13 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
In this action by the United States to recover a deficiency judgment against the appellant guarantors, the district court awarded the United States $65,568.73. In arriving at its judgment, the court refused to find that the sale of collateral from which the deficiency proceeded was commercially unreasonable. Because the district court applied the wrong body of the law to the issues involved, we reverse and remand.
The case involves two loans by the SBA in 1966 and 1970 to the Industrial Steel and Machine Works [Industrial Steel]. Prior to the granting of these loans,…
2Cases cited9 opinions
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- United States v. YazellSupreme Court of the United States · 1966
- United States v. Little Lake Misere Land Co.Supreme Court of the United States · 1973
- Davies Warehouse Co. v. BowlesSupreme Court of the United States · 1944
- Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Genentech, Inc. v. Eli Lilly and Company, and the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 1993
- United States Ex Rel. Small Business Administration v. MorrisDistrict Court, E.D. Pennsylvania · 1981
- Livera, Aldo L., Jr. And Alpha Hermetic, Inc., C.M.R. Industries, Inc., Charles Donald McAllister Jr., and Alice Ann McAllister Susan Livera and Livera Company v. First National State Bank of New Jersey, Patrick Wallace, Ben Berzin, Jr., "A", "B", Michael Cardenas, in His Capacity as Administrator of the Small Business Administration, Ronald Langell, "C", "D" and the United States of America. First National State Bank of New Jersey & Third Party v. Susan Livera and the Livera Company Third Party (Two Cases). Appeal of U.S. Small Business Administration and the United States of America. Livera, Aldo L., Jr. And Alpha Hermetic, Inc., C.M.R. Industries, Inc., Charles Donald McAllister Jr., and Alice Ann McAllister Susan Livera and Livera Company, in No. 88-5216 v. First National State Bank of New Jersey, Patrick Wallace, Ben Berzin, Jr., "A", "B", Michael Cardenas, in His Capacity as Administrator of the Small Business Administration, Ronald Langell, "C", "D" and the United States of AmericaCourt of Appeals for the First Circuit · 1989
- Donald S. Powers v. United States Postal ServiceCourt of Appeals for the Seventh Circuit · 1982
- United States v. James Burton Johnson, James Burton Johnson v. United StatesCourt of Appeals for the Eighth Circuit · 1988
8 more not listed; retrieve them via the Exa API.