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IN RE CONSTON, INC.

Civ. A. No. 93-573 MMS.

181 B.R. 769 (1995)

In re CONSTON, INC., et al., Debtors. UNITED STATES of America, Appellant, v. CONSTON, INC., et al., Appellees.

United States District Court, D. Delaware.

May 10, 1995.

Attorney(s) appearing for the Case

Gregory M. Sleet, U.S. Atty., and Ellen W. Slights, Asst. U.S. Atty., U.S. Dept. of Justice, Wilmington, DE, for appellant; Gregory S. Hrebiniak, U.S. Dept. of Justice, Washington, DC, of counsel.

James L. Patton, Jr., Laura Davis Jones and David W. O'Connor of Young, Conaway, Stargatt & Taylor, Wilmington, DE, for appellees; Marvin Krasny, Michael L. Temin and Pamela A. Morone of Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, of counsel.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

When one travels the roads leading to the intersection of the Internal Revenue and Bankruptcy Codes, one may expect some curves. The present matter lives up to expectations! This bankruptcy appeal poses the question of whether an Internal Revenue Service claim for corporate income taxes, accorded seventh priority in a Chapter 11 reorganization case and contained in a confirmed reorganization plan...

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