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IN RE CREATIVE GOLDSMITHS OF WASHINGTON, D.C., INC.

No. 96-1895.

119 F.3d 1140 (1997)

In re CREATIVE GOLDSMITHS OF WASHINGTON, D.C., INCORPORATED, Debtor. Roger SCHLOSSBERG, Trustee, Plaintiff-Appellant, v. STATE OF MARYLAND, COMPTROLLER OF THE TREASURY, Defendant-Appellee, UNITED STATES TRUSTEE, Party-in-interest, v. UNITED STATES of America, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Roger Schlossberg, Schlossberg & Associates, Hagerstown, MD, for Appellant. Andrew Howard Baida, Assistant Attorney General, Annapolis, MD, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Gerald Langbaum, Assistant Attorney General, Annapolis, MD; Wallace E. Brooks, Sylvia J. Brokos, Comptroller of the Treasury, Baltimore, MD, for Appellee. Frank W. Hunger, Assistant Attorney General, Lynne A. Battaglia, United States Attorney for the District of Maryland, Mark B. Stern, Michael E. Robinson, Civil Division, United States Department of Justice, Washington, DC, for Intervenor.

Before HALL, WILKINS, and NIEMEYER, Circuit Judges.

Vacated and remanded with instructions to dismiss by published opinion. Judge NIEMEYER wrote the opinion, in which Judge K.K. HALL and Judge WILKINS joined.

OPINION

NIEMEYER, Circuit Judge:

Roger Schlossberg, a trustee in bankruptcy, sued the State of Maryland Comptroller of the Treasury in federal court to avoid as a preference the bankruptcy debtor's $4,382 payment of income taxes made to the state within 90 days of the filing of the bankruptcy...

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