IN RE LMS HOLDING CO.

Bankruptcy Nos. 91-03412-C, 91-03413-C and 91-03414-C, Adv. No. 92-0242-C.

149 B.R. 681 (1992)

In re LMS HOLDING COMPANY, an Oklahoma corporation, EIN: 73-1325164, Petroleum Marketing Company, an Oklahoma corporation, EIN: 73-0399271, Retail Marketing Company, an Oklahoma corporation, EIN: 73-1196027 Debtors. LMS HOLDING COMPANY, an Oklahoma corporation; Petroleum Marketing Company, an Oklahoma corporation; and Retail Marketing Company, an Oklahoma Corporation, Plaintiffs, v. UNITED STATES of America, ex rel. INTERNAL REVENUE SERVICE; Core-Mark Mid-Continent, Inc., an Arkansas corporation, f/k/a Mid-Continent Distributors, Inc., a/k/a Core-Mark Distributors; Amcon Distributing Company, a Delaware corporation; American Express Travel Related Services Company, Inc.; and Chrysler First Diversified Credit, Inc., Defendants.

United States Bankruptcy Court, N.D. Oklahoma.

December 29, 1992.


Attorney(s) appearing for the Case

Thomas A. Creekmore, Tulsa, OK, for plaintiffs.

J. Joseph Raymond, Tax Div., Dept. of Justice, Washington, DC, for defendants.

Thomas A. Creekmore III, Pamela H. Goldberg, Steven W. Soulé, Tulsa, OK, for debtors.


ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO THE INTERNAL REVENUE SERVICE

STEPHEN J. COVEY, Chief Judge.

This cause comes before the Court on the Plaintiffs', LMS Holding Company, Petroleum Marketing Company, and Retail Marketing Company ("RMC") (collectively, the "Debtors") Motion for Summary Judgment and Brief in Support of Motion for Summary Judgment and Defendant, United States of America, ex rel. Internal Revenue Service's ("IRS...

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