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IN RE ALLEN CARE CENTERS, INC.

No. 94-36060.

96 F.3d 1328 (1996)

In re ALLEN CARE CENTERS, INCORPORATED, an Oregon Corporation, Debtor. STATE OF OREGON, DEPARTMENT OF HUMAN RESOURCES, Appellant, v. Ronald WITCOSKY, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Theodore R. Kulongoski and Stephanie L. Striffler, Assistant Attorneys General, Salem, OR, for appellant.

Gregg D. Johnson, Ater, Wynne, Hewitt, Dodson & Skerritt, Portland, OR, for appellee.

Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges.

PER CURIAM:

In a Chapter 7 bankruptcy proceeding, the State of Oregon's Department of Human Resources ("Department") claimed administrative expense priority for costs incurred by a state court-appointed trustee in closing a nursing home operated by debtor Allen Care Centers, Inc. The bankruptcy court denied the claim. In re Allen Care Ctrs., Inc., 163 B.R. 180 (Bankr.D.Or.1994). The district court affirmed, In re Allen Care...

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