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MATTER OF CCA PARTNERSHIP

Civ. A. No. 87-116-JJF, Bankruptcy No. 86-83.

72 B.R. 765 (1987)

In the Matter of CCA PARTNERSHIP, Debtor. DIRECTOR OF REVENUE, STATE OF DELAWARE, Appellant, v. CCA PARTNERSHIP, Appellee.

United States District Court, D. Delaware.

April 13, 1987.

Attorney(s) appearing for the Case

Joseph Patrick Hurley, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellant.

Peter J. Walsh of Bayard, Handelman & Murdoch, Wilmington, Del., for appellee.

OPINION

FARNAN, District Judge.

This appeal arises out of a declaratory judgment action in which the Bankruptcy Court entered an Order granting summary judgment in favor of the debtor, CCA Partnership and against the Director of Revenue, State of Delaware ("Director"). The Director appealed. The Court has jurisdiction pursuant to 28 U.S.C. § 158 and Bankruptcy Rule 8002. I affirm.

BACKGROUND

CCA Partnership, a Chapter 11 debtor, filed...

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