IN RE AER-AEROTRON, INC.

Bankruptcy No. 93-00048-5-ATS. Adv. No. S-94-00020-AP.

172 B.R. 202 (1994)

In re AER-AEROTRON, INC., Debtor. AER-AEROTRON, INC., Plaintiff, v. TEXAS DEPARTMENT OF TRANSPORTATION, Defendant.

United States Bankruptcy Court, E.D. North Carolina.

September 22, 1994.


Attorney(s) appearing for the Case

E.D. Gaskins, Jr. and Robert H. Gourley, Jr., Raleigh, NC, for debtor.

Holmes P. Hardin, Interim Chapter 7 Trustee, Raleigh, NC.

Rodney D. Parrott and Katherine E. Kasten, Asst. Attys. Gen., State of Tex., Transp. Div., Austin, TX, for Texas Dept. of Transp.


MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Chief Judge.

The matter before the court is the motion to dismiss filed by the defendant, Texas Department of Transportation ("DOT"). DOT alleges various reasons why this court does not have jurisdiction over this adversary proceeding, but the main issue is whether, under 11 U.S.C. § 106(a), DOT has waived its sovereign immunity by its conduct. The court concludes that DOT, by making postpetition demands...

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