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IN RE PULLMAN CONST. INDUSTRIES, INC.

Bankruptcy No. 87 B 06441-4, Adv. No. 92 A 15.

142 B.R. 280 (1992)

In re PULLMAN CONSTRUCTION INDUSTRIES, INC., et al., Debtors. PULLMAN CONSTRUCTION INDUSTRIES, INC., et al., Plaintiffs, v. UNITED STATES of America and Illinois Department of Revenue, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

June 17, 1992.

Attorney(s) appearing for the Case

Steven B. Towbin, David A. Newby, Towbin & Zazove, Ltd., Chicago, Ill., for plaintiff.

Charles J. Cannon, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., James D. Newbold, Asst. Atty. Gen., Revenue Litigation Div., Joel Nathan, Asst. U.S. Atty., Chicago, Ill., for U.S. and Illinois Dept. of Revenue.

Larry Wolfson, Jenner & Block, Chicago, Ill., for the Goldwyns.

MEMORANDUM OPINION ON MOTION OF UNITED STATES TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Pullman Construction Industries, Inc. and its subsidiaries (collectively "Pullman") filed this Adversary Complaint to recover tax payments made to Defendants, United States of America and the Illinois Department of Revenue, which they allege are voidable under 11 U.S.C. § 547(b). The United States has moved to dismiss Count I of the Adversary Complaint, pursuant...

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