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IN RE MOSBRUCKER

Bankruptcy No. 97-30861.

220 B.R. 656 (1998)

In re James MOSBRUCKER and Margaret Mosbrucker, Debtors.

United States Bankruptcy Court, D. North Dakota.

April 17, 1998.

Attorney(s) appearing for the Case

Max D. Roserberg, Bismarck, ND, for Debtor.

Clare Hochhalter, Bismarck, ND, for USA/IRS.

Wayne Drewes, Fargo, ND, for Chapter 12 Trustee.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter arose by the objection filed by the debtors on March 13, 1998 to the proof of claim of the Internal Revenue Service ("IRS"), which was filed on February 4, 1998. The debtors object to the proof of claim on the ground that it erroneously includes civil penalties and pre-petition interest as a priority under Section 507(a)(8) of the United States Bankruptcy Code ("Code,")

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