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IN RE HATTON

BAP No. WW-97-1430-RYHR, Bankruptcy NO. 94-32774T, Adversary No. 96-37271.

216 B.R. 278 (1997)

In re James H. HATTON, Debtor. UNITED STATES of America, Appellant, v. James H. HATTON, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 28, 1997.

Attorney(s) appearing for the Case

Deirdre A. Donnelly, U.S. Department of Justice, Washington, DC, for United States of America.

Christopher E. Allen, Bonneville, Viert, Morton & McGoldrick, Tacoma, WA, for James H. Hatton.

Before RYAN, HAGAN, and RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

Debtor James H. Hatton ("Appellee"), filed a complaint (the "Complaint") to have his tax liabilities for various years, including 1983, declared dischargeable. Appellant, the United States of America ("Appellant"), admitted that Appellee's tax liabilities for all years except 1983 were discharged. Appellee brought a motion for summary judgment (the "Motion"), which the bankruptcy court granted. Appellant timely appealed. We...

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