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IN RE SUBURBAN MOTOR FREIGHT, INC.

No. 93-3920.

36 F.3d 484 (1994)

In re SUBURBAN MOTOR FREIGHT, INC., Debtor. OHIO BUREAU OF WORKERS' COMPENSATION, Plaintiff-Appellant, v. Stephen K. YODER, Trustee for Suburban Motor Freight, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1994.

Attorney(s) appearing for the Case

Gregory S. Severance (argued and briefed), Ohio Atty. Gen., Columbus, OH, Larry Rhodebeck (briefed), Ohio Bureau of Workers' Compensation, Columbus, OH, for plaintiff-appellant.

Quintin F. Lindsmith, Harry Wright, IV (argued and briefed), Bricker & Eckler, Columbus, OH, for defendant-appellee.

Before JONES and BATCHELDER, Circuit Judges; and JOINER, District Judge.

JOINER, District Judge.

Plaintiff, the Ohio Bureau of Workers' Compensation, is again before this court seeking priority status under the Bankruptcy Code for its claim against Suburban Motor Freight, Inc., arising out of Suburban's noncompliance with Ohio's workers' compensation law. We previously held that the Bureau's claim for unpaid premiums was entitled to priority as an excise tax under 11 U.S.C. § 507(a)(7)(E). Yoder v. Ohio Bureau of Workers' Compensation...

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