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  5. 637 F.Supp. 1377 (1986)
 

UNITED STATES v. EXCELLAIR, INC.

Civ. A. No. 84-K-1055.

637 F.Supp. 1377 (1986)

UNITED STATES of America v. EXCELLAIR, INC., Omnet International, Inc., U.S. Accessories, Inc., International Technology Resources, Inc., Nicholas Kondur and Jonathan Moore. and INTERNATIONAL TECHNOLOGY RESOURCES, INC., a Colorado corporation, and Nicholas Kondur, Third Party Plaintiffs, v. FIRST INTERSTATE BANK OF RIVERTON, N.A., a National Banking Association and William V. Maddux, Third Party Defendants.

United States District Court, D. Colorado.

May 29, 1986.

Attorney(s) appearing for the Case

Janis E. Chapman, Asst. U.S. Atty., Denver, Colo., J. Christopher Kohn, Tracy J. Witaker, and Ronald H. Clark, Civil Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Donald E. Marturano, Marturano and Baren, P.C., Englewood, Colo., for Omnet, Excellair and Jonathon Moore.

A. Thomas Tenenbaum, and John F. Reha, Brenman Raskin Friedlob & Tenenbaum, P.C., Denver, Colo., for ITR Airlines and Nicholas Kondur.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

In three transactions defendant Excellair borrowed over $10,000,000.00 to finance the purchase of equipment necessary to its business as a commuter airlines. The United States, through the Federal Aviation Administration, guaranteed these loans. Upon Excellair's default, the government honored its guarantees and accepted from the lenders assignment of the loans. The government accelerated the loans and,...

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