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MATTER OF WAITE

No. 82-8379 Non-Argument Calendar.

698 F.2d 1177 (1983)

In the Matter of William H. WAITE, Debtor. WESTERN SURETY COMPANY, Plaintiff-Appellee, v. William H. WAITE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 24, 1983.

Attorney(s) appearing for the Case

O. Torbitt Ivey, Jr., Augusta, Ga., for defendant-appellant.

John B. Long, Augusta, Ga., for plaintiff-appellee.

Before RONEY, KRAVITCH and HENDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 24, 1983.

PER CURIAM:

In this bankruptcy case, the district court denied the Debtor a discharge of a debt owed to a Surety for paying the Debtor's tax liability. We affirm. The Surety was subrogated to the rights of the taxing entity which could have prevented a discharge of the tax debt, if it had gone unpaid, under 11 U.S.C.A. § 523(a)(1). Gilbert v. United States Fidelity & Guaranty Co.,

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