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IN RE PENKING TRUST

Bankruptcy No. 94-20992. Adv. No. 95-2021.

196 B.R. 389 (1996)

In re PENKING TRUST d/b/a Kingsport Mall, Debtor. N. David ROBERTS, Jr., Trustee, Plaintiff, v. SULLIVAN COUNTY, TENNESSEE; Francis Harrell, Sullivan County Trustee; Bob Icenhour, Sullivan County Property Assessor; City of Kingsport, Tennessee; and Keith E. Smith, City of Kingsport Treasurer, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

May 31, 1996.

Attorney(s) appearing for the Case

Michael W. Ewell, John B. DuPree, Frantz, McConnell & Seymour, LLP, Knoxville, TN, for N. David Roberts, Jr., Trustee.

Dean Greer, Kingsport, TN, for Sullivan County, Tennessee, Francis Harrell, Sullivan County Trustee, Bob Icenhour, Sullivan County Property Assessor, City of Kingsport, Tennessee, and Keith E. Smith, City of Kingsport Treasurer.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

This action involves a determination of the bankruptcy estate's right to receive a refund of certain real property taxes under 11 U.S.C. § 505(a). The chapter 7 trustee, N. David Roberts, Jr. (the "Trustee"), avers that the appraisals of Kingsport Mall from which the real property taxes were assessed by the City of Kingsport and Sullivan County, Tennessee for tax years 1989 through 1994 significantly...

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