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U.S. v. ROOK

Civ. A. No. 88-2032.

710 F.Supp. 754 (1989)

UNITED STATES of America, Plaintiff, v. Harry E. ROOK, a/k/a Harry E. Rook, Jr., Last Known Officer and Director and Statutory Trustee of H.E.R. Enterprises, Ltd., and Harry E. Rook, a/k/a Harry E. Rook, Jr., and Linda Rook, Defendants. Larry R. SHOUSE and Deborah H. Shouse, and Raymond E. Agee and Helyn S. Agee, Defendants/Third-Party Plaintiffs, v. MERCANTILE BANK OF KANSAS CITY, Third-Party Defendant.

United States District Court, D. Kansas.

March 20, 1989.

Attorney(s) appearing for the Case

Benjamin L. Burgess, Jr., U.S. Atty., Leon J. Patton, Asst. U.S. Atty., Kansas City, Kan., for U.S.

Michael E. Callen, Callen, Sexton & Shelor, Kansas City, Kan., Craig A. Strayer, Condon & Fillmore, P.C., M. Jan Day, Smith, Gill, Fisher & Butts, Kansas City, Mo., Frank W. Lipsman, Overland Park, Kan., Lyle M. Hanson, Kansas City, Mo., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This action arises from Small Business Administration (SBA) guaranties executed by the defendants. By executing the unconditional guaranties, defendants agreed to repay a promissory note executed by H.E.R. Enterprises, Ltd., d/b/a Edwards of Kansas City, payable to Mercantile Bank and Trust Company, now Mercantile Bank of Kansas City ("Mercantile"). Mercantile assigned all its right, title and interest...

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