Machella v. Cardenas

See 659 F.2d 650. John A. Machella brought this suit, aspiring to class action status, against the Small Business Administration (S.B.A.). Successively, he sought certification of three classes of S.B.A. disaster loan borrowers who had not received the full amount of forgiveness on their loans that he contended was mandated by the Disaster Relief Acts of 1969 and 1970. The district court refused to certify any of the classes and entered summary judgment in favor of the S.B.A. on Machella's individual claim. Because, prior to suit, Machella had already received the full forgiveness to which he was entitled and otherwise lacks a nexus with the classes described, we hold that he is not entitled to individual relief and cannot serve as a proper class representative. We affirm the judgment.