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IN RE WEST AIRE, INC.

Bankruptcy No. BK-S-89-2585-RCJ, Adv. No. 89-0154.

131 B.R. 871 (1991)

In re WEST AIRE, INC., a Nevada Corporation, d/b/a West Aire Refrigeration Company, Debtor in Possession. WEST AIRE, INC., a Nevada Corporation, d/b/a West Aire Refrigeration Company, Plaintiff, v. UNITED STATES of America and Pioneer Citizens Bank of Nevada, a Nevada Corporation, Defendants.

United States Bankruptcy Court, D. Nevada.

February 28, 1991.

Attorney(s) appearing for the Case

Leland E. Lutfy, U.S. Atty., Las Vegas, Nev., Mark G. Fraase, Trial Atty., Tax Division, U.S. Dept. of Justice, Washington, D.C., for U.S.

David Tanner, Michael K. McBeath, Bolick, McBeath & Tanner, Las Vegas, Nev., for West Aire, Inc.

James Patrick Shea, Gordon & Silver, Ltd., Las Vegas, Nev.

MEMORANDUM DECISION

ROBERT CLIVE JONES, Chief Judge.

BACKGROUND FACTS

Plaintiff West Aire, Inc. is indebted to the Internal Revenue Service ("IRS") for unpaid employment taxes. In an effort to collect the unpaid taxes, the IRS served a notice of levy on Pioneer Citizens Bank of Nevada ("PCB"). The property levied against consists of two bank accounts plaintiff has with PCB, the first in the amount of ...

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