Legal Opinion

Ascot Dinner Theatre, Ltd. v. Small Business Administration

Court of Appeals for the Tenth Circuit

Decided October 5, 1989No. Nos. 86-1061, 86-1117PublishedCited by 5 opinions

1Opinion of the Court

HOLLOWAY, Chief Judge.

The Small Business Administration (SBA) and its Administrator appeal a judgment awarding damages to the Ascot Dinner Theatre (Ascot),1 an applicant denied a *1026loan guaranty by the SBA. The district court held unconstitutional as applied here the SBA’s “opinion molder rule,” a regulation which disqualified certain businesses engaged in the formation, expression and distribution of ideas from receiving SBA loan guarantees. The court awarded $59,-086.25 as damages arising from the unconstitutional denial of the Ascot application. Mission Trace Investments, Ltd. v. Small…

2Cases cited33 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. United States v. TestanSupreme Court of the United States · 1976
  4. United States v. SherwoodSupreme Court of the United States · 1941
  5. Carey v. PiphusSupreme Court of the United States · 1978

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3Cited by5 opinions

  1. 55 Motor Avenue Co. v. Liberty Industrial Finishing Corp.District Court, E.D. New York · 1994
  2. Daly v. Department of EnergyDistrict Court, D. Colorado · 1990
  3. United States of America, Plaintiff-Counter-Defendant-Appellee v. Julia A. Althoff, Arthur R. Althoff, Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Tenth Circuit · 1993
  4. Oklahoma Mortgage Co. v. Government National Mortgage Ass'nDistrict Court, W.D. Oklahoma · 1993
  5. The Ascot Dinner Theatre, Ltd. v. The Small Business AdministrationCourt of Appeals for the Tenth Circuit · 1989

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