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IN RE BRENTWOOD OUTPATIENT, LTD.

Nos. 93-5484, 93-5609.

43 F.3d 256 (1994)

In re BRENTWOOD OUTPATIENT, LTD., d/b/a Brentwood Outpatient Medical Center, Debtor. BONDHOLDER COMMITTEE, Appellee/Cross-Appellant, v. WILLIAMSON COUNTY, TENNESSEE, Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Richard A. Buerger (argued and briefed), Elisabeth M. Carson, Petersen, Buerger & Moseley, and William J. Yost (briefed) and Steve Jordan, Yost & Robertson, Franklin, TN, for plaintiff-appellant cross-appellee.

William L. Norton, III (argued and briefed) and Kevin T. Sommers, Boult, Cummings, Conners & Berry, Nashville, TN, for defendant-appellee cross-appellant.

Before: MERRITT, Chief Judge; and MILBURN and SILER, Circuit Judges.

MERRITT, Chief Judge.

Several questions about the handling of secured interests in bankruptcy and a constitutional question are presented in this Chapter 11 appeal and cross-appeal involving post-petition additions to local property taxes (penalties, costs and attorneys' fees) which became due under Tennessee law after the debtor in possession failed to pay local property taxes. The primary questions the parties raise are issues of statutory construction under §...

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