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IN RE TANAKA BROS. FARMS, INC.

No. 93-1211.

36 F.3d 996 (1994)

In re TANAKA BROTHERS FARMS, INC., Debtor, UNITED STATES of America, and its agency the Internal Revenue Service, Appellant, v. Andrea S. BERGER, Trustee; Boulder Creek Farms, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

October 3, 1994.

Attorney(s) appearing for the Case

Christine A. Grant, Atty., U.S. Dept. of Justice, Tax Div., Washington, DC, (Loretta C. Argrett, Asst. Atty. Gen., Washington, DC, Gary D. Gray, Atty., U.S. Dept. of Justice, Tax Div., Washington, DC, Henry Lawrence Solano, U.S. Atty., Denver, CO, with her on the briefs), for appellant.

Paul G. Quinn, Denver, CO, for appellee Andrea S. Berger.

Cynthia T. Kennedy, Boulder, CO, for appellee Boulder Creek Farms, Inc.

Before EBEL, HOLLOWAY, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

This case is before us on appeal from a decision by the United States District Court for the District of Colorado, affirming a decision by the United States Bankruptcy Court for the District of Colorado. The bankruptcy court disallowed an amended proof of claim by the Internal Revenue Service ("IRS") in this bankruptcy proceeding, 150 B.R. 55. The district court affirmed the bankruptcy court's ruling, and the government...

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