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IN RE AVERY HEALTH CENTER, INC.

Bankruptcy No. 81-10130, CIV-81-51.

8 B.R. 1016 (1981)

In re AVERY HEALTH CENTER, INC., Debtor.

United States District Court, W.D. New York.

January 28, 1981.

Attorney(s) appearing for the Case

D. Patrick Mullarkey, Jonathan B. Forman, Tax Division Attys., Dept. of Justice, Washington, D.C., for petitioner.

Vincent R. DiPasquale, DiPasquale & Halsbeck, Buffalo, N.Y., for respondent/debtor.

MEMORANDUM

ELFVIN, District Judge.

My Order dated and filed January 21, 1981 set aside an order of the Bankruptcy Court which would have required the United States Internal Revenue Service ("the IRS") to turn over to the debtor property which the IRS had levied upon and seized. This Memorandum is entered in explanation of such Order.

The debtor, Avery Health Center, Inc., is engaged in the sale of drugs, sundries and pharmaceuticals at a store located...

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