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IN RE R.L. HIMES & ASSOCIATES, INC.

No. C-2-91-958, Bankruptcy No. 2-90-04462.

152 B.R. 198 (1993)

In re R.L. HIMES & ASSOCIATES, INC., Debtors. UNITED STATES of America, INTERNAL REVENUE SERVICE, Appellant, v. R.L. HIMES & ASSOCIATES, INC., Appellee.

United States District Court, S.D. Ohio, E.D.

February 8, 1993.

Attorney(s) appearing for the Case

Brenda L. Dodrill, Columbus, OH, for U.S., I.R.S., appellant.

Robert David Bergman, Clara Jeanne Hudak, Friend & Hudak Co., L.P.A., Columbus, OH, for R.L. Himes & Associates, Inc., debtor.

Frank M. Pees, Worthington, OH, for Frank M. Pees, trustee.

Charles M. Caldwell, trustee.

MEMORANDUM AND ORDER

HOLSCHUH, Chief Judge.

This matter is before the Court on appellant's claim that the bankruptcy court below erred in overruling appellant's objection to the confirmation of appellee's Chapter 11 plan of reorganization. It claims that the plan improperly designates payments to the Internal Revenue Service (IRS) to first satisfy delinquent taxes in appellee's trust fund accounts.

I. BACKGROUND

On July 2...

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