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IN RE DARNELL

No. 86-5862.

834 F.2d 1263 (1987)

In re John DARNELL, Debtor. UNITED STATES of America, Plaintiff-Appellant, v. John DARNELL and the Commonwealth of Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Barbra Murley Harris, Louisville, Ky., Tom Lamons (argued), Michael L. Paup, Lead Counsel, Tax Div., Roger M. Olsen, Wynette Hewett, Gayle Miller, Washington, D.C., for plaintiff-appellant.

Ronald J. Bamberger, Russ Wilkey, Owensboro, Ky., Donald S. Guier, Edward A. Siemon, Lead Counsel (argued), Arnold C. Jones, Frankfort, Ky., for defendants-appellees.

Before GUY and BOGGS, Circuit Judges, and SUHRHEINRICH, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

This appeal presents a question of first impression regarding the statutory construction of § 724 of the Bankruptcy Code, 11 U.S.C. § 724, which controls the distribution of a debtor's property encumbered by tax liens. The United States District Court for the Western District of Kentucky, affirming the bankruptcy court, ordered the balance of debtor's property split pro rata between...

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