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IN RE NEARY

Bankruptcy No. 97-19105, Adversary No. 97-1097.

220 B.R. 864 (1998)

In re James M. NEARY, Carol M. Neary, Debtors. James M. NEARY, Carol M. Neary, Plaintiffs, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, Defendant. and Gloria Satriale, Chapter 7 Trustee, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania, Philadelphia Division.

May 13, 1998.

Attorney(s) appearing for the Case

Arnold Barnabei, Pennsylvania Department of Revenue, Harrisburg, PA,

Richard H. Anderson, Media, PA.

Gloria Satriale, Chester Springs, PA.

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

Introduction

Before the Court is a motion filed by the Pennsylvania Department of Revenue (the "Department of Revenue") to dismiss the instant adversary proceeding on grounds that it, as a governmental unit of the Commonwealth of Pennsylvania (the "Commonwealth"), is immune from suit in the bankruptcy court by virtue of the Eleventh Amendment to the United States Constitution...

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