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U.S. v. CARDINAL MINE SUPPLY, INC.

No. 89-6475.

916 F.2d 1087 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. CARDINAL MINE SUPPLY, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1990.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., David Middleton, Asst. U.S. Atty., Lexington, Ky., Robert K. Coulter, U.S. Dept. of Justice, Tax Div., Washington, D.C., Gary R. Allen, Acting Chief, Gary D. Gray, Joel A. Rabinovitz (argued), U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., David Middleton, Asst. U.S. Atty., Robert K. Coulter, U.S. Dept. of Justice, Tax Div., Washington, D.C., for plaintiff.

Randy G. Clark, Pikeville, Ky., for defendant-appellee.

Before KENNEDY, BOGGS, and SUHRHEINRICH, Circuit Judges.

KENNEDY, Circuit Judge.

The United States appeals the decision of the Bankruptcy Court affirmed by the District Court that both general unsecured creditors who filed timely claims and those who did not file timely claims because they received no notice of the bankruptcy are to be paid ahead of priority claimants who also filed late claims because they received no notice and had no knowledge of the bankruptcy. Because we do not believe that the Bankruptcy Code (11...

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