Legal Opinion

United States v. "A" Manufacturing Company, Inc., J. B. Adoue, Iii, and Sam R. Hayes

Court of Appeals for the Fifth Circuit

Decided October 29, 1976No. 74-3541PublishedCited by 10 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

The Government sued on behalf of the Small Business Administration against “A” (“A” Manufacturing Company, Inc.) to cover a claimed outstanding balance due on a promissory note, payable to the Bank of North Texas and guaranteed by the SBA. The note was signed by Adoue and Hayes as sureties. The SBA is the undisputed present holder of the note.

During a hearing for the appointment of a receiver arising from a motion by the Government, the District Judge appointed a receiver to determine the facts and make an accounting between the parties. His order gave the receiver…

2Cases cited3 opinions

  1. Sage v. Railroad Co.Supreme Court of the United States · 1878
  2. First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
  3. State of New York, Claimant-Appellant v. James B. Kilsheimer, Iii, and Jacob Grumet, Receivers for New York, Ontario and Western Railway CompanyCourt of Appeals for the Second Circuit · 1957

3Cited by10 opinions

  1. Citibank, N. A. v. Data Lease Financial CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. State Street Bank & Trust Company v. Brockrim, Inc.Court of Appeals for the First Circuit · 1996
  3. Acheron Capital, Ltd. v. Barry MukamalCourt of Appeals for the Eleventh Circuit · 2022
  4. Netsphere, Inc. v. Jeffrey BaronCourt of Appeals for the Fifth Circuit · 2015
  5. Securities & Exchange Commission v. American Principals Holdings, Inc. v. Finalco, Incorporated, Claimant/real Party in Interest-AppellantCourt of Appeals for the Ninth Circuit · 1987

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