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IN RE SCRAP DISPOSAL, INC.

BAP No. SC-82-1570-AbAsC, No. 80-01270-M.

38 B.R. 765 (1984)

In re SCRAP DISPOSAL, INC., Debtor.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 30, 1984.

Attorney(s) appearing for the Case

Sandra J. Brower, Deputy County Counsel, County of San Diego, San Diego, Cal., for appellant.

Douglas Jensen, Procopio, Cory, Hargreaves & Savitch, San Diego, Cal., for appellee.

Before ABRAHAMS, ASHLAND and GEORGE, Bankruptcy Judges.

OPINION

ABRAHAMS, Bankruptcy Judge.

The County of San Diego appeals from an order denying sixth priority for its tax claim.

Because of a dispute as to the meaning of Proposition 13 (Calif. Const. Art XIII A), the County was enjoined by the state courts from issuing its tax bills for the 1978-1979 fiscal year at the proper tax rate. Board of Supervisors of San Diego County v. Lonergan, 27 Cal.3d 855,

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