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IN RE NASHVILLE WHITE TRUCKS, INC.

No. 83-5289.

731 F.2d 376 (1984)

In re NASHVILLE WHITE TRUCKS, INC., (a/k/a Mobile Truck & Trailer Service, Inc.), Debtor. Martha B. OLSEN, Commissioner of Revenue for the State of Tennessee, Plaintiff-Appellant, v. Irwin A. DEUTSCHER, Trustee, Defendant-Appellee, United States of America, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1984.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tenn., Jimmy G. Creecy, Karen Neal, Asst. Attys. Gen., Nashville, Tenn., for plaintiff-appellant.

James R. Kelley, John Brittingham, Joe B. Brown, U.S. Atty., Nashville, Tenn., for defendant-appellee.

Tracy J. Whitaker, Peter M. Lancaster, Civil Div., U.S. Justice Dept., Washington, D.C., for intervenor-appellee.

Before ENGEL and MARTIN, Circuit Judges, and WEICK, Senior Circuit Judge.

PER CURIAM.

The Commissioner of Revenue for the State of Tennessee appeals from an order prohibiting her, pursuant to the Bankruptcy Act's automatic stay provisions, 11 U.S.C. § 362 (1982), from taking any action to collect or assess from the trustee in bankruptcy unpaid sales taxes incurred by the debtor while operating under the provisions of Chapter 11 of the Bankruptcy Act. This action challenging the application...

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