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IN RE MEGAFOODS STORES, INC.

Nos. 97-16229, 97-16291.

163 F.3d 1063 (1998)

In re MEGAFOODS STORES, INC., a Nevada Corporation, and Handy Andy, Inc., a Delaware Corporation, Debtors. Texas Comptroller of Public Accounts, Appellants-Cross-Appellees, v. Megafoods Stores, Inc., a Nevada Corporation, et al., Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1998.

Attorney(s) appearing for the Case

Mark Browning, Attorney General of Texas, Bankruptcy & Collections Division, Austin, Texas, for the appellant-cross-appellee.

Jeanean Kirk, Brown and Bain, Phoenix, Arizona, and Clifton R. Jessup, Jr., Dallas, Texas, for the appellees-cross-appellants.

Before: WOOD, Jr., HALL, and O'SCANNLAIN, Circuit Judges.

HARLINGTON WOOD, JR., Circuit Judge:

The Texas Comptroller of Public Accounts ("Comptroller") appeals the bankruptcy appellate panel's decision affirming the bankruptcy court's order. The order awarded post-petition interest on the Comptroller's tax trust claim against debtor Megafoods Stores, Inc. at the four percent rate of interest actually earned. The Comptroller maintains the interest rate should be the twelve percent...

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