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MATTER OF POTOMAC SYSTEMS ENGINEERING, INC.

Bankruptcy No. 96-80984, Adv. No. 96-80152.

202 B.R. 632 (1996)

In the Matter of POTOMAC SYSTEMS ENGINEERING, INC., Debtor. Tazewell SHEPARD, as Trustee of the Bankruptcy Estate of Potomac Systems Engineering, Inc., and BankersTrust of Madison, an Alabama banking institution, Plaintiffs, v. UNITED STATES of America, DEPARTMENT OF The TREASURY-INTERNAL REVENUE SERVICE, Defendants.

United States Bankruptcy Court, N.D. Alabama, Northern Division.

August 29, 1996.

Attorney(s) appearing for the Case

Tazewell T. Shepard, II, Chapter 7 Trustee, Huntsville, AL.

Donald M. Wright, Sirote & Permutt, Birmingham, AL, for debtor.

Michael N. Wilcove, Trial Attorney, Tax Division, Washington, DC, for U.S. Dept. of Justice.

Richard O'Neal, Assistant United States Attorney, Birmingham, AL, for Dept. of Defense.

ORDER

JACK CADDELL, Bankruptcy Judge.

This matter is before the Court on the motion of the defendants seeking an order dismissing Count I of the above styled adversary proceeding. Upon due consideration of the arguments of counsel, and the documents submitted in support thereof, it is the opinion of the Court that this Court does not have subject matter jurisdiction over Count I of the complaint.

On April 1, 1996, BankersTrust and two other creditors...

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