United States v. Ernest J. Mallett, Jr. And Janet L. Mallett

TORRUELLA, Circuit Judge.

We have before us the appeal from a summary judgment granted in a collection action brought under 28 U.S.C. § 1345. The District Court for the District of New Hampshire found defendants/appellants Ernest and Janet Mallett liable to the Small Business Administration (SBA) for over $132,000 due on a defaulted loan for which they signed a personal guaranty. The undisputed facts reveal that in November 1973, Linderhoff Resorts, Inc. borrowed $111,900 from the SBA. The appellants, along with other individuals, executed a personal guaranty on a standard SBA guaranty form,…