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MATTER OF LUMARA FOODS OF AMERICA, INC.

Bankruptcy No. B82-00946-Y.

50 B.R. 809 (1985)

In the Matter of LUMARA FOODS OF AMERICA, INC. dba Arthur Treacher's Fish and Chips, Debtor.

United States Bankruptcy Court, N.D. Ohio.

June 12, 1985.

Attorney(s) appearing for the Case

Richard Walzer, for The State of Minn., Dept. of Revenue, Tax Compliance Div., St. Paul, Minn.

Michael A. Gallo, Nadler & Nadler Co., L.P.A., Youngstown, Ohio, for debtor.

Wallace W. Walker, Jr., Baker & Hostetler, Cleveland, Ohio, for Orange-Co., Inc.

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

Presented for consideration is an application for the payment of administrative expenses filed by the State of Minnesota, Department of Revenue (Minnesota or movant). The application seeks payment of $221,973.52 in post-petition sales and withholding taxes allegedly owed by the debtor. The amount sought represents an accumulation of the taxes due plus accrued penalties and interest thereon.

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