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IN RE MITCHELL

Bankruptcy No. 593-50564-JCA-12. Adversary No. 597-5006. No. 5-97CV-0275-C.

241 B.R. 393 (1997)

In re Calvin A. MITCHELL, Jr. and Patsy J. Mitchell, Debtor. United States of America, Appellant, v. Calvin A. Mitchell, Jr. and Patsy J. Mitchell, Appellees.

United States District Court, N.D. Texas, Lubbock Division.

December 1, 1997.

Attorney(s) appearing for the Case

Marc Dee McBeath, Attorney at Law, Walter O'Cheskey Trustee, Lubbock, TX, for debtors.

John C Akard, U.S. Bankruptcy Court, Lubbock, TX, for Bankruptcy Judge, pro se.

Ralph Franklin Shilling, Jr., Attorney at Law, U.S. Department of Justice, Tax Division, Dallas, TX, for USA — Internal Revenue Service, appellant.

William T. Neary, U.S. Department of Justice, Office of Trustee, Dallas, TX, trustee, pro se.

ORDER

CUMMINGS, District Judge.

This case is before the court for consideration of the appeal of the United States of America, Internal Revenue Service, Appellant, from an order of the bankruptcy court denying the Internal Revenue Service's claim for post-petition interest and penalties on pre-petition tax debt, entered by the Honorable John C. Akard, United States Bankruptcy Judge, on July 24, 1997.

The Internal Revenue Service contends that the...

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