Kyle Engineering Co. v. Kleppe

TANG, Circuit Judge.

Kyle Engineering Co. (Kyle) appeals the district court’s order dismissing its suit against the administrator of the Small Business Administration (SBA) for damages arising from the SBA’s allegedly faulty performance of its contract with Kyle. The administrator cross appeals from the district court’s dismissal of his counterclaims for the amounts due from Kyle on notes guaranteed by the SBA. We reverse the district court’s orders and remand for further proceedings.

Kyle is a California corporation, a small business concern as defined in 15 U.S.C. § 632 (Supp. IV 1974), and a…