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MATTER OF RIBS-R-US, INC.

No. 86-5774.

828 F.2d 199 (1987)

In the Matter of RIBS-R-US, INC., a corporation of the State of New Jersey. Appeal of UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Roger M. Olson, Asst. Atty. Gen., James H. Love, Wynette J. Hewett (argued), Michael L. Paup, Tax Div., Dept. of Justice, Washington, D.C., (Thomas W. Greelish, U.S. Atty., of counsel), for appellant.

Paul R. DeFilippo (argued), Robert K. Malone, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for appellee.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The question presented by this appeal is whether a corporate debtor under reorganization pursuant to Chapter 11 of the Bankruptcy Code can specify in its plan of reorganization that federal tax payments shall be applied first to satisfy the corporation's trust fund liabilities, thereby protecting the corporation's principals from potential personal liability in the event that the reorganization is unsuccessful...

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