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IN RE LIPETZKY

Bankruptcy No. 285-00260, Adv. No. 286/0033.

64 B.R. 431 (1986)

In re Al L. LIPETZKY, Patricia M. Lipetzky, d/b/a Chalet Motel, Debtors. Al L. LIPETZKY and Patricia M. Lipetzky, d/b/a Chalet Motel, Plaintiffs, v. The DEPARTMENT OF REVENUE OF the STATE OF MONTANA; Flathead County Commissioners and Flathead County Treasurer, Defendants.

United States Bankruptcy Court, D. Montana.

September 5, 1986.

Attorney(s) appearing for the Case

Larry G. Schuster, Counsel, Dept. of Revenue, Helena, Mont., for Dept. of Revenue.

Dennis Hester, Deputy County Atty., Kalispell, Mont., for Flathead County commissioners and Flathead County treasurer.

Ralph B. Kirscher, Missoula, Mont., for debtors/plaintiffs.

ORDER DENYING MOTION TO DISMISS

JOHN L. PETERSON, Bankruptcy Judge.

On May 28, 1986, the Debtor-in-possession in this Chapter 11 proceeding commenced an adversary action against the Montana Department of Revenue and Flathead County, Montana, seeking a determination of the claim due such taxing authorities for the years 1980 to 1985 inclusive. Flathead County filed its answer to the complaint and asserts an affirmative defense that this Court lacks jurisdiction...

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