BENSON v. U. S. SMALL BUSINESS ADMINISTRATION

No. 79-4622.

644 F.2d 1366 (1981)

Jack and Kathryn BENSON, Plaintiffs-Appellants, v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.


Attorney(s) appearing for the Case

Ronald H. Kagan, Kroff & Kagan, Palo Alto, Cal., for plaintiffs-appellants.

Barbara J. Parker, Asst. U. S. Atty., San Francisco, Cal., John J. Conneely, Brobeck, Phleger & Harrison, San Francisco, Cal., for defendants-appellees.

Before WALLACE and PREGERSON, Circuit Judges, and GRANT, District Judge.


PREGERSON, Circuit Judge:

Jack and Kathryn Benson appeal the district court's dismissal of defendant Wells Fargo Bank for lack of subject matter jurisdiction, and grant of summary judgment in favor of defendant SBA. Appellate jurisdiction is proper under 28 U.S.C. § 1291.

The Bensons signed a promissory note for and personally guaranteed a loan of $150,000 from Wells Fargo Bank. They secured the loan with a second deed of trust on their real property...

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