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IN RE JENNY LYNN MIN. CO.

No. 84-4014.

780 F.2d 585 (1986)

In re JENNY LYNN MINING CO., Debtor; Gerald H. SPIERS, Trustee, Plaintiff-Appellant, v. OHIO DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1986.

Attorney(s) appearing for the Case

R.P. Cunningham, Raymond J. Pikna, Jr. (argued), Knepper, White, Arter & Hadden, Columbus, Ohio, for plaintiff-appellant.

Raymond Studer, Asst. Atty. Gen., Columbus, Ohio, Edda Sara Post, Asst. Atty. Gen. (argued), for defendant-appellee.

Before LIVELY, Chief Judge; CONTIE, Circuit Judge; and BROWN, Senior Circuit Judge.

LIVELY, Chief Judge.

The principal question in this case is whether Ohio's strip mining permit fee requirement for posting a performance bond is an excise tax entitled to priority treatment under the Bankruptcy Code, 11 U.S.C. §§ 101 et seq. (1982). The matter is here on appeal from the district court, which affirmed the finding and conclusion of the bankruptcy court that the permit fee is an excise tax.

I.

Jenny Lynn Mining Co. (Jenny...

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