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SCHULTZ BROADWAY INN v. U.S.

No. 89-2380.

912 F.2d 230 (1990)

SCHULTZ BROADWAY INN, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1990.

Attorney(s) appearing for the Case

Gary D. Gray, Washington, D.C., for appellant.

Jerry W. Venters, Jefferson City, Mo., for appellee.

Before ARNOLD, Circuit Judge, BRIGHT and ROSS, Senior Circuit Judges.

BRIGHT, Senior Circuit Judge.

In this liquidation proceeding under chapter 11 of the Bankruptcy Code,1 the United States appeals the district court2 judgment subordinating the Government's claim for a non-pecuniary loss tax penalty to the claims for actual losses of other general unsecured creditors. The Government contends that (1) under a proper construction of the Bankruptcy Code, governmental claims for...

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