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U.S. v. APPLIED COMPUTER SERVICES, INC.

No. 97-1244-JTM.

5 F.Supp.2d 1223 (1998)

UNITED STATES of America, Plaintiff, v. APPLIED COMPUTER SERVICES, INC.; Russell G. Johnston; the City of Hutchinson; Unisource; Lawrence Photographic, Inc.; Xerox Corp.; Miller-Cooper Company; First National Bank of Hutchinson; Reno County Board of County Commissioners, Defendants.

United States District Court, D. Kansas.

May 27, 1998.

Attorney(s) appearing for the Case

Stephen K. Lester, Jackie N. Williams, Office of U.S. Atty., Wichita, KS, for Plaintiff.

Dan W. Forker, Jr., Reynolds, Forker, Berkley, Suter, Rose & Dower, Hutchinson, KS, for Russell G. Johnston.

Porter K. Brown, City of Hutchinson, Kansas, Hutchinson, KS, for City of Hutchinson.

Gregory L. Musil, Shughart, Thomson & Kilroy, Overland Park, KS, Donald H. Loudon, RIchard M. Paul, III, Shugart, Thomson & Kilroy, P.C., Kansas City, MO, for Lawrence Photo Graphic Inc.

Joseph P. O'Sullivan, III, Leslie, O'Sullivan, McCarville & Brown, Hutchinson, KS, for Reno County Bd. of County Commissioners.

Gordon E. Wells, Jr., Lathrop & Gage L.C., Overland, KS, for Miller-Cooper Co.

J. Stanley Hill, Branine, Chalfant & Hill, Hutchinson, KS, for First Nat. Bank of Hutchinson.

MEMORANDUM ORDER

MARTEN, District Judge.

The United States of America sued Applied Computer Services, Inc. (ACS) and Russell G. Johnston, as well as a number of other defendants, seeking to recover on two loans to ACS guaranteed by the Small Business Administration (SBA) and one loan to ACS issued by the SBA. The government moves for summary judgment against ACS and Johnston for the amount due on the loans.

I. Summary Judgment Standard.<...

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