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IN RE ROCKY MOUNTAIN REFRACTORIES

Bankruptcy No. 94B-21665.

205 B.R. 307 (1996)

In re ROCKY MOUNTAIN REFRACTORIES, Tax I.D. Number 87-0232540, Debtor.

United States Bankruptcy Court, D. Utah, Central Division.

October 25, 1996.

Attorney(s) appearing for the Case

Joel T. Marker, McKay, Burton & Thurman, Salt Lake City, UT, for Stephen W. Rupp, Trustee.

Scott M. Matheson, Jr., United States Attorney, Mark H. Howard, Special Assistant United States Attorney, Salt Lake City, UT, for U.S.

Stephen W. Lewis, Assistant Attorney General, Salt Lake City, UT, for Utah State Tax Commission.

Mary Ellen Sloan, Salt Lake County Attorney, Salt Lake City, UT, for Salt Lake County.

Winston M. Faux, Utah Department of Employment Security, Salt Lake City, UT, for Utah Department of Employment Security.

Stephen G. Stoker, Stoker & Swinton, Salt Lake City, UT, for Debtor.

MEMORANDUM DECISION AND ORDER

JUDITH A. BOULDEN, Bankruptcy Judge.

There are two issues in this case. First, should interest sought by a claimant be allowed on administrative trade and tax claims incurred by a debtor in possession during a chapter 11 case? Second, if allowed, should the interest claims be paid at the same priority as the underlying claims after the chapter 11 case is converted to a case under chapter 7? This Court concludes that interest...

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