Exhibit C (Polakis Declaration) — DV Diamond Club (E.D. Mich.)

Summary

Exhibit C in DV Diamond Club of Flint, LLC v. U.S. Small Business Administration (E.D. Mich.), Case No. 4:20-cv-10899, filed April 26, 2020 as ECF No. 26-3, marked as a redacted version. It is the declaration of a manager of plaintiff Polmour, Inc., who states that a PPP loan application for Polmour was submitted on April 3, 2020 and that the declarant was later informed the lender would not be able to assist because of the type of business. The declaration states that on a call-back Polmour was said to be indeed eligible, but that the same day a caller said it was not eligible due to SBA regulations. Exhibit 1 is a letter from attorney Brad Shafer stating the opinion that denying a PPP loan under 13 C.F.R. § 120.110(p) would be unconstitutional. Exhibit 2 is the declarant's email correspondence.

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