United States v. Michael John Garan, and George Frederick Rombach

FLOYD R. GIBSON, Senior Circuit Judge: .

George Rombach appeals the district court’s entry of summary judgement in favor of the government in its suit to enforce Rom-bach’s guaranty of a Small Business Administration loan. We vacate the judgment and remand for further proceedings.

I. BACKGROUND

On February 23, 1977, Orangematic, Inc. executed a note in the amount of $388,000 and received loan proceeds in that amount from Union Bank. This loan was made under the Small Business Administration (SBA) Guaranteed Loan Program. Orangematic deposited the proceeds in its account at Union Bank.…