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IN RE GRIBBEN

Bankruptcy No. 90 B 11961, No. 92 Civ. 1568 (PNL), Adv. No. 91-5409A(CB).

158 B.R. 920 (1993)

In re Richard D. GRIBBEN a/k/a R.D. Gribben a/k/a Richard D. Gribben, Jr., Debtor. Richard D. GRIBBEN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States District Court, S.D. New York.

September 29, 1993.

Attorney(s) appearing for the Case

Bruce K. Bentley, Legal Services Fund, New York City (Elliot Podhorzer, of counsel), for respondent Bldg. Service 32B-J.

Mary Jo White, U.S. Atty., S.D.N.Y., New York City (Manvin S. Mayell, Asst. U.S. Atty., of counsel), for appellant United States of America.

OPINION AND ORDER

LEVAL, District Judge.

The United States (the defendant-appellant) appeals an order by Bankruptcy Judge Cornelius Blackshear, dated January 8, 1992, requiring the Internal Revenue Service to pay pre-petition tax refunds to debtor Richard D. Gribben (the plaintiff-appellee).

The IRS challenges the debtor's standing to bring an action for turnover under 11 U.S.C. § 542; raises...

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