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MATTER OF ERC/SCHEIBLE, INC.

Bankruptcy No. 85-1471, Adv. No. 85-256.

56 B.R. 157 (1985)

In the Matter of ERC/SCHEIBLE, INC., Debtor. ERC/SCHEIBLE, INC., Plaintiff, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

December 27, 1985.

Attorney(s) appearing for the Case

Langfred W. White, Tampa, Fla., for plaintiff/debtor.

Robert Merkle, U.S. Atty., Lynne L. England, Asst. U.S. Atty., Tampa, Fla., for U.S. Atty. Robert Merkle.

Marika Lancaster, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for U.S. of America.

Edwin Neese, Atty. Gen., Dept. of Justice, Washington, D.C., William Oppenheim, Tampa, Fla., for I.R.S.

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS CAUSE came on for hearing with due notice upon the Defendant's Motion to Dismiss Complaint for Injunctive Relief filed in the above-captioned Chapter 11 adversary proceeding. The Complaint, filed by Erc/Scheible (Debtor), seeks to enjoin the Internal Revenue Service (IRS) from assessing or collecting penalties on unpaid employment taxes, pursuant to 26 U.S.C., § 6672, from officers, directors...

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