Vincent v. Small Business Administration
| Citation | 402 F.2d 769 |
| Decision Date | 31 October 1968 |
| Docket Number | No. 12410.,12410. |
| Parties | M. R. VINCENT, First Exchange Bank, Mannington, West Virginia, et al., Appellants, v. SMALL BUSINESS ADMINISTRATION, and United States of America, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
A. Blake Billingslea, George W. May and Harry R. Cronin, Jr., Fairmont, W. Va., on brief, for appellants.
Edwin L. Weisl, Jr., Asst. Atty. Gen., John C. Eldridge, and Patricia S. Baptiste, Attys., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief, for appellees.
Before SOBELOFF and BRYAN, Circuit Judges, and HUTCHESON, District Judge.
In this creditors' suit, instituted October 15, 1964 in an appropriate State court of West Virginia, notice was sent to the Small Business Administration on December 2, 1966 by the commissioner of reference, advising that he would proceed on December 19, 1966 to excute the decree requiring him to state the liens on the real estate involved in the suit. On December 15, 1966 the SBA placed with the commissioner a proof of claim showing that the defendant debtor owed the United States the sum of $61,812.50 and interest, represented by notes held by SBA. This indebtedness, the claim alleged, was secured by a deed of trust on this property.
An amended complaint was filed on July 31, 1967 in the State court naming SBA and the United States as additional parties defendant. Also on July 31, 1967, at the instance of the plaintiffs, an injunction was granted by the State court restraining the trustee therein from foreclosing the deed of trust securing the amounts owing the United States. On August 23, 1967, SBA and the United States filed in the United States District Court for the Southern District of West Virginia a notice, together with a proper petition, of the removal of the cause to that Court. Thereafter the District Court, upon motion of the United States and the Small Business Administration, dissolved the injunction as precluded by the Small Business Act, 15 U.S.C. § 634 (b) (1), infra. This order, issued March 15, 1968, is the subject of this appeal.
Appellants first attack the jurisdiction of the District Court. They say the removal petition, filed on August 23, 1967, came too late, arguing that the limitation of 30 days fixed for removal by the statute, 28 U.S.C. § 1446(b), began with the presentation of SBA's claim to the State court commissioner, on December 15, 1966, rather than from the filing of the amended complaint on July 31,...
To continue reading
Request your trial
-
Jets Services, Inc. v. Hoffman
...v. United States, 462 F.2d 1036, 1037-38 (5th Cir. 1972, cert. den. 410 U.S. 928, 93 S.Ct. 1361, 35 L.Ed.2d 589 (1973); Vincent v. SBA 402 F.2d 769, 771 (4th Cir. 1968); United States v. Mel's Lockers, Inc., 346 F.2d 168, 169-70 (10th Cir. 1965); Duke City Lumber Co. v. Butz, 382 F.Supp. 36......
-
Tradeways, Ltd. v. U.S. Dep't of Treasury
...1981).7 To my knowledge, the Fourth Circuit has addressed § 634(b)(1) in three published opinions. First, in Vincent v. Small Business Administration, 402 F.2d 769 (4th Cir. 1968), the Fourth Circuit, citing § 634(b)(1), summarily affirmed the district court's dissolution of a state court i......
-
Defy Ventures, Inc. v. U.S. Small Bus. Admin.
...by Camelot Banquet Rooms. Similarly, Duncan v. Furrow Auction Co., 564 F.2d 1107, 1108–09 (4th Cir. 1977) and Vincent v. Small Bus. Admin. , 402 F.2d 769, 770 (4th Cir. 1968) involved requests to enjoin the SBA or a trustee from foreclosing a deed of trust securing notes held by the SBA. Ne......
-
Mar v. Kleppe
...Romeo v. United States, 462 F.2d 1036 (5th Cir. 1972), cert. denied, 410 U.S. 928, 93 S.Ct. 1361, 35 L.Ed.2d 589 (1973); Vincent v. SBA, 402 F.2d 769 (4th Cir. 1968); United States v. Mel's Lockers Inc., 346 F.2d 168 (10th Cir. 1965); Peoples Brewing Co. v. Kleppe, 360 F.Supp. 729 (E.D.Wis.......