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IN RE FRANKLIN PRESS, INC.

Bankruptcy No. 83-02188-BKC-TCB, Adv. No. 84-0696-BKC-TCB-A.

46 B.R. 523 (1985)

In re The FRANKLIN PRESS, INC., Debtor. The FRANKLIN PRESS, INC., Plaintiff, v. The INTERNAL REVENUE SERVICE, an agency of the United States of America, Defendant.

United States Bankruptcy Court, S.D. Florida.

January 29, 1985.

Attorney(s) appearing for the Case

Ronald G. Neiwirth, P.A., Miami, Fla., for debtor/plaintiff.

Steven M. Kwartin, Tax Div., Dept. of Justice, Washington, D.C., Marilyn Koonce, Asst. U.S. Atty., Miami, Fla., for defendant.

ORDER OF DISMISSAL

THOMAS C. BRITTON, Bankruptcy Judge.

The chapter 11 debtor seeks an injunction against the I.R.S. to prevent collection of a tax penalty owed by the debtor's president upon the ground that:

"If the I.R.S. is permitted to continue pursuing Robert Dunne individually, the Debtor will not be able to propose nor confirm a Plan of Arrangement, as the personal participation of Dunne is necessary for that purpose." (C.P. No. 1, paragraph...

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