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MATTER OF INTERSTATE MOTOR FREIGHT SYSTEM

Bankruptcy Nos. HG 84-880, HG 84-881, Adv. No. 85-490.

62 B.R. 805 (1986)

In the Matter of INTERSTATE MOTOR FREIGHT SYSTEM, a Michigan corporation, IMFS, Inc., Debtors. MDFC EQUIPMENT LEASING CORPORATION, Plaintiff, v. James D. ROBBINS, Trustee, et al., Defendants.

United States Bankruptcy Court, W.D. Michigan.

June 25, 1986.

Attorney(s) appearing for the Case

James Miller, Daniel B. Hess, Hess, Hess & Miller, P.C., Grand Rapids, Mich., Alexander Terras, Steven M. Bierig, Frankel & McKay, Ltd., Chicago, Ill., for plaintiff.

Julie Ann Woods, U.S. Attys. Office, Grand Rapids, Mich., David H. Dickieson, Trial Atty. for Tax Div., Dept. of Justice, Washington, D.C., for U.S.

Perry G. Pastula, Dunn, Schouten & Snoap, Wyoming, Mich., for trustee.

James B. Frakie, Day, Sawdey, Flaggert & Porter, Grand Rapids, Mich., for National Acceptance Co.

REPORT OF A RELATED CASE SECTION 505(a) and THIRD PARTY TAX LIABILITY

LAURENCE E. HOWARD, Bankruptcy Judge.

The defendant United States of America has moved this Court for an order dismissing it as a defendant in this action. The United States contends that this Court does not have jurisdiction to determine the tax liability of a person who is not a debtor.

As one of the subsidiary issues is whether the plaintiff has standing to bring this complaint...

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