Jane Austen Fagan, Appellant, v. Small Business Administration, 19 F.3d 684 (D.C. Cir. 1992)

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U.S. Court of Appeals for the District of Columbia Circuit - 19 F.3d 684 (D.C. Cir. 1992) Dec. 4, 1992

Before SILBERMAN, BUCKLEY and KAREN LECRAFT HENDERSON, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the motion for summary affirmance, the response thereto and the reply, it is

ORDERED that the motion be granted. The district court correctly affirmed the finding of the Small Business Administration that Fagan could not demonstrate the financial potential for success required for admission to the section 8(a) program. See 13 C.F.R. Sec. 124.107(b). The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.

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