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IN RE NASHVILLE WHITE TRUCKS, INC.

Bankruptcy No. 380-00080, Adv. No. 380-0590.

22 B.R. 578 (1982)

In re NASHVILLE WHITE TRUCKS, INC., a/k/a Mobile Truck and Trailer Service, Inc., Debtor. Martha B. OLSEN, Commissioner of Revenue For the State of Tennessee, Plaintiff, v. Irwin A. DEUTSCHER, Trustee, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

July 28, 1982.

Attorney(s) appearing for the Case

Linda M. Cole, Nashville, Tenn., for intervenor, United States.

Martha B. Olsen, Com'r of Revenue for the State of Tenn., Trustee.

J. Hugh McKinnon, Nashville, Tenn., for plaintiff, Com'r of Revenue for the State of Tenn.

William C. Argabrite, Nashville, Tenn., for defendant, Irwin A. Deutscher, Trustee.

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This matter is before the court on the complaint of Martha B. Olsen, Commissioner of Revenue for the State of Tennessee (hereinafter "Commissioner"), seeking a declaratory judgment pursuant to 28 U.S.C. § 2201 that the automatic stay of 11 U.S.C. § 362 is unconstitutional as applied to the State of Tennessee or, if the automatic stay is constitutional, that...

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