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IN RE EABCO, INC.

Civ. A. No. 89-0798, Bankruptcy No. 85-2453.

108 B.R. 61 (1989)

In re EABCO, INC., Debtor.

United States District Court, W.D. Pennsylvania.

July 10, 1989.

Attorney(s) appearing for the Case

Robert H. Lang, Pittsburgh, Pa., for debtor.

Eric A. Schaffer, Pittsburgh, Pa., for appellee.

Gerard J. Mene, U.S. Dept. of Justice, Washington, D.C., for appellant.

Norman E. Gilkey, Pittsburgh, Pa., trustee.

MEMORANDUM OPINION

MENCER, District Judge.

The United States has appealed the decision of the Bankruptcy Judge giving Mellon Bank, N.A.'s confessed judgment priority over a federal tax lien. The appeal is presently before this court pursuant to 28 U.S.C. § 158(a).

Facts

Eabco, Inc. (Eabco) filed a Petition for bankruptcy under Chapter 11 in October, 1985. The case was converted to Chapter 7 in August, 1986. The trustee sold...

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