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ELK ASSOCIATES FUNDING v. U.S. SMALL BUSINESS

Civil Action No. 12-00438 (CKK).

858 F.Supp.2d 1 (2012)

ELK ASSOCIATES FUNDING CORPORATION, Plaintiff, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, and Karen G. Mills, Administrator of the United States Small Business Administration, Defendants.

United States District Court, District of Columbia.

April 24, 2012.

Attorney(s) appearing for the Case

Kenneth C. Gauvey, Offit Kurman, Maple Lawn, MD, William Stuart Heyman, Offit Kurman, PA, Fulton, MD, for Plaintiff.

Jeremy S. Simon, U.S. Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Elk Associates Funding Corporation ("ELK") brings this action against the United States Small Business Administration (the "SBA"),1 seeking relief under the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the United States Constitution for the SBA's allegedly arbitrary and capricious conduct. Currently before the Court is ELK's [3] Motion...

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