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IN RE LUIS ELEC. CONTRACTING CORP.

No. 135, Docket 89-5010.

917 F.2d 713 (1990)

In re LUIS ELECTRICAL CONTRACTING CORP., Debtor. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Appellant, v. C. Steven HACKELING, Trustee of the Estate of Luis Electrical Contracting Corp., Appellee.

United States Court of Appeals, Second Circuit.

Decided October 23, 1990.

Attorney(s) appearing for the Case

David S. Cook, New York City, Senior Atty., New York State Dept. of Law (Robert Abrams, Atty. Gen. of the State of N.Y., Frederic L. Lieberman, Marcie S. Mintz, Asst. Attys. Gen., of counsel), for appellant.

Jesse I. Levine, Garden City, N.Y. (Levine, Weinberg, Kaley & Pergament, P.C., Marc A. Pergament, of counsel), for appellee.

Before FEINBERG, VAN GRAAFEILAND and KEARSE, Circuit Judges.

FEINBERG, Circuit Judge.

The New York State Department of Taxation and Finance (the Department) appeals from an order issued by the United States Bankruptcy Court for the Eastern District of New York and affirmed by the United States District Court for the Eastern District of New York. The bankruptcy court's order, issued on the application of a Trustee acting under Chapter 7 of the United States Bankruptcy Code, directed two New York State County Clerks to record...

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