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MATTER OF OVERLY-HAUTZ CO.

No. C83-853.

81 B.R. 434 (1987)

In the Matter of the OVERLY-HAUTZ CO.

United States District Court, N.D. Ohio, E.D.

April 14, 1987.

Attorney(s) appearing for the Case

Richard A. Baumgart, Dettelback & Sicherman Co., L.P.A., Cleveland, Ohio, for Overly-Hautz Co.

William Neubert, Cleveland, Ohio, for Creditors Committee of Overly-Hautz Co.

MEMORANDUM AND ORDER

WHITE, District Judge.

In this bankruptcy action the United States appeals the decision of the bankruptcy court disallowing the supplemental proof of claim of the United States against the debtor, Overly-Hautz Company (OHC). The supplemental claim involved a proposed assessment for excise taxes under 26 U.S.C. § 4971(a) and (b) relating to funding deficiencies of the OHC Salaried Employees Pension Plan for the fiscal years ending...

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