United States v. Don B. Hart Equity Pure Trust, Don B. Hart and Mary Louise Hart, Defendants

ROBERT MADDEN HILL, Circuit Judge:

In this appeal the Small Business Administration (SBA) contends that the district court erred in granting summary judgment in favor of Don Hart Equity Pure Trust (Hart Trust) on a claim by the SBA for the payment of a deficiency judgment rendered against Hart Trust. We agree with the SBA and therefore reverse the court’s granting of summary judgment in favor of Hart Trust.

I

The facts in this case were stipulated to by both parties. Don B. Hart and Mary Louise Hart are farmers in Hansford County, Texas. Because of financial difficulties, on August 28, 1978, the…