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MATTER OF FIDELITY HOLDING CO., LTD.

No. 87-1654 Summary Calendar.

837 F.2d 696 (1988)

In the Matter of FIDELITY HOLDING COMPANY, LTD., et al., Debtors. CALIFORNIA STATE BOARD OF EQUALIZATION, Appellant, v. The OFFICIAL UNSECURED CREDITORS' COMMITTEE, Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

Brian J. Book, Arter, Hadden & Witts, Dallas, Tex., for appellant.

Richard G. DaFoe, Vial, Hamilton, Koch & Knox, Dallas, Tex., for appellee.

Before REAVLEY, KING and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The State of California seeks recovery of back taxes allegedly owed by Nipak Pipe of Delaware, Inc. ("Nipak"), which is in bankruptcy reorganization under Chapter 11. The bankruptcy court denied relief, holding that, after the Official Unsecured Creditors' Committee ("Committee") had presented its evidence in objection to the claim, California failed to substantiate adequately its claim. The State appealed to the district court, contending...

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