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IN RE SOUTHWESTERN STATES MARKETING CORP.

Bankruptcy No. 788-70283-RCM-7. Civ. No. 3:94-CV-0549-H.

179 B.R. 813 (1994)

In re SOUTHWESTERN STATES MARKETING CORPORATION, Debtor. Walter C. KELLOGG, Trustee of the Estate of Southwestern States Marketing Corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Texas, Dallas Division.

December 5, 1994.

Attorney(s) appearing for the Case

David R. Snodgrass, Gardere & Wynne, Dallas, TX, for plaintiff.

Neena Wiora, U.S. Dept. of Energy, Tax Div., Dallas, TX, for defendant.

MEMORANDUM OPINION AND ORDER

SANDERS, Chief Judge.

Before the Court are the Brief of Appellant Walter Kellogg, filed June 3, 1994; the Brief of Appellee, filed July 5, 1994; and Reply Brief of Appellant, filed July 15, 1994.

I. BACKGROUND

This is a suit for a tax refund in the amount of $11,079,182 allegedly due Southwestern States Marketing Corporation ("SWSM" or "Debtor") for...

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