Court of Appeals of North Carolina September 15, 2009, COA08-1482 (Self-Help Ventures Fund v. Custom Finish, LLC)

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United States · · · 15-09-2009

WYNN, Judge,

dissenting.

The issue on appeal is whether the SBA’s assignment of the Note conferred on Plaintiff the right to enforce an unassigned guaranty to *751the Note. Because the SBA did not assign the guaranty to the Note back to the Plaintiffs, I would hold that the Plaintiffs may not enforce that guaranty. Accordingly, I dissent.

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