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MATTER OF FOX

No. 77-3144.

609 F.2d 178 (1980)

In the Matter of John David FOX, Jr., etc. Bankrupt. ALABAMA DEPARTMENT OF REVENUE and Charles A. Boswell as Commissioner of Revenue, State of Alabama, Appellants, v. John David FOX, Jr., Formerly d/b/a Cherokee Construction Company and Cherokee Woodwork and Supply Company, Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1980.

Attorney(s) appearing for the Case

John J. Breckenridge, Asst. Atty. Gen., Montgomery, Ala., for appellants.

Herbert D. Jones, Jr., Anniston, Ala., for appellee.

Before GODBOLD, HILL and POLITZ, Circuit Judges.

POLITZ, Circuit Judge.

This case presents the question whether sales taxes admittedly owed to the Alabama Department of Revenue (ADR) by appellee are discharged in bankruptcy or remain due under the nondischarge provisions of § 17a(1) of the Bankruptcy Act, 11 U.S.C. § 35(a)(1).

ADR appeals a district court decision which approves a bankruptcy court order discharging the appellee-bankrupt, John David Fox, Jr., from paying Alabama sales taxes

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