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IN RE BIRMINGHAM NASHVILLE EXP., INC.

Bankruptcy No. 96-11577.

221 B.R. 194 (1998)

In re BIRMINGHAM NASHVILLE EXPRESS, INC.

United States Bankruptcy Court, M.D. Tennessee.

May 13, 1998.

Attorney(s) appearing for the Case

Barbara D. Holmes, Harwell Howard Hyne Gabbert & Manner, Nashville, TN, for Debtor.

C. Bennett Harrison, Jr. (Local Counsel), Cornelius & Collins, Nashville, TN, Eric G. Waxman, Phillips Nizer Benjamin Krim & Ballon LLP, Garden City, NY, for Travelers Property Casualty Corporation.

MEMORANDUM

GEORGE C. PAINE, II, Chief Judge.

The issue for decision is whether Travelers Property Casualty Corporation ("Travelers"), as the workers' compensation insurance carrier for the debtor, is entitled to priority treatment for any or all of its claim for prepetition unpaid workers' compensation premiums under 11 U.S.C. § 507(a)(4) as contributions to an "employee benefit plan." For the reasons hereinafter cited, the court finds that workers...

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