IN RE RUSH-HAMPTON INDUSTRIES, INC.

No. 94-3073.

98 F.3d 614 (1996)

In re RUSH-HAMPTON INDUSTRIES, INC., Debtor. UNITED STATES of America, Plaintiff-Appellant, v. Andrea A. RUFF, Trustee, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 28, 1996.


Attorney(s) appearing for the Case

Philip Doyle, Gary R. Allen, Mark E. Matthews, Christine A. Grant, Robert W. Metzler, Loretta C. Argrett, Gary R. Gray, U.S. Dept. of Justice, Tax Division, Washington, D.C., for appellant.

Andrea A. Ruff, P.A., Orlando, FL, Pro Se.

Before TJOFLAT, Circuit Judge, and RONEY and CAMPBELL, Senior Circuit Judges.


RONEY, Senior Circuit Judge:

The sole question on this appeal is the correctness of the bankruptcy court's denial of the United States' right to setoff against an overpayment of 1979 taxes, post-petition interest on an underpayment of 1978 taxes. The district court's affirmance of that decision is before us for review. We vacate and remand for further consideration.

The parties are well aware of the details of this case, which need not be recited here. Although...

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