MONTER v. UNITED STATES

Civ. A. No. 76-243.

440 F.Supp. 44 (1977)

Gerald MONTER and Robert Cohen, General Partners in a Limited Partnership trading as Holiday Green Acres Apartments, Plaintiffs, v. The UNITED STATES and Mitchell Kobelinski, Administrator of the Small Business Administration, (SBA), Defendants.

United States District Court, M. D. Pennsylvania.

November 21, 1977.


Attorney(s) appearing for the Case

Winkler, Danoff, Lubin & Toole by Albert N. Danoff, Solomon Lubin, Wilkes-Barre, Pa., for plaintiffs.

Sal Cognetti, Jr., Asst. U. S. Atty., Scranton, Pa., and Thomas E. Flatley, Jr., Asst. Dist. Counsel, Small Business Administration, Phila. Dist. Office, Region III, Bala Cynwyd, Pa., for defendants.


MEMORANDUM

HERMAN, District Judge.

In the instant case Plaintiffs are seeking judicial review of the denial of their application for Small Business Administration mortgage refinancing. At a pre-trial conference held May 4, 1977, it was agreed by counsel for both sides that this case would be decided on briefs and a stipulation of facts which has been filed. This agreement puts the case in the procedural posture of cross motions for summary judgment.

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