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IN RE LOS ANGELES INTERN. AIRPORT HOTEL

BAP No. CC-95-1807. Bankruptcy No. LA92-39324 AA.

196 B.R. 134 (1996)

In re LOS ANGELES INTERNATIONAL AIRPORT HOTEL ASSOCIATES, Debtor. STATE BOARD OF EQUALIZATION, OF the STATE OF CALIFORNIA, Appellant, v. LOS ANGELES INTERNATIONAL AIRPORT HOTEL ASSOCIATES, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 24, 1996.

Attorney(s) appearing for the Case

David S. Chaney, Los Angeles, CA, Deputy Attorney General, Daniel E. Lungren, Los Angeles, CA, Attorney General, for Appellant.

Scott C. Clarkson, Torrance, CA, for Appellee.

Before HAGAN, BAUM, and VOLINN, Bankruptcy Judges.

OPINION

HAGAN, Bankruptcy Judge:

The State Board of Equalization of the State of California (the "Board") filed a proof of claim for sales and use taxes against Los Angeles International Airport Hotel Associates ("Debtor"), a chapter 11 debtor and debtor-in-possession. The Debtor objected to the proof of claim. The bankruptcy court held in favor of the Debtor, and disallowed the Board's proof of claim in its entirety. The Board appeals. We REVERSE...

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