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IN RE DAUGHERTY

Bankruptcy No. 3-81-01192, Adv. No. 3-82-0155.

25 B.R. 158 (1982)

In re Thomas Dale DAUGHERTY, a/k/a Dale Daugherty, formerly d/b/a Big D Trucking and Daugherty Surface Mining, Debtor. STATE OF TENNESSEE, DEPARTMENT OF CONSERVATION, Plaintiff, v. Thomas Dale DAUGHERTY, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

November 26, 1982.

Attorney(s) appearing for the Case

Joseph N. Clarke, Jr., Asst. Atty. Gen., Nashville, Tenn., for plaintiff.

Richard Stair, Jr., Knoxville, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This adversary proceeding involves the issue of whether a judgment representing a civil penalty for violations of the Tennessee Mineral Surface Mining Law of 1972, Tenn. Code Ann. § 59-8-201 et seq. (Supp.1982),1 is excepted by 11 U.S.C.A. § 523(a)(7) (1979) from a debtor's discharge in bankruptcy.

I

The debtor filed his voluntary chapter 7 petition on July...

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