IN RE BURWICK

Bankruptcy No. 94-04550. Adv. No. A95-01405.

186 B.R. 501 (1995)

In re Leroy A. BURWICK and Marguerite Burwick, husband and wife, d/b/a Burwick Fence Co., d/b/a Burwick Enterprises, Debtors. MERRILL ASSOCIATES, a Washington corporation, Plaintiff, v. UNITED STATES INTERNAL REVENUE SERVICE; and Master-Halco, Inc., a California corporation; and Michael B. McCarty, Trustee, Defendants.

United States Bankruptcy Court, W.D. Washington.

August 29, 1995.


Attorney(s) appearing for the Case

Merrille A. MacLean, Barnett MacLean, Seattle, WA, for defendant Master-Halco, Inc.

Gina Zadra Walton, Davis Wright Tremaine, Seattle, WA, for plaintiff Merrill Associates.

Diane Tebelius, Asst. U.S. Atty., Seattle, WA, for defendant U.S.


MEMORANDUM OPINION

SAMUEL J. STEINER, Bankruptcy Judge.

This matter is before the Court on the motion of the United States for reconsideration of the Court's ruling that Master-Halco's claim to interpleaded funds is superior to that of the government.

The facts are undisputed. On December 3, 1990, the IRS assessed the debtors with income taxes of $59,763.30 for 1989. On April 27, 1991, Master-Halco obtained a $92,714.92 judgment against the debtors...

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