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WORKERS' COMP. TRUST FUND v. SAUNDERS

No. 98-40032 RCL.

234 B.R. 555 (1999)

WORKERS' COMPENSATION TRUST FUND, Appellant, v. Phillip SAUNDERS, as Chapter 7 Trustee of the Estate of John J. Petruzzi-William E. Forrester, Inc., Appellee.

United States District Court, D. Massachusetts.

June 11, 1999.

Attorney(s) appearing for the Case

Daniel J. Hammond, Attorney General's Office, Boston, MA, for Appellant.

Melvin S. Hoffman, Looney & Grossman, Boston, MA, for Philip Saunders, Jr.

Daniel I. Cotton, Wolfson, Dodson, Kennan & Cotton, Worcester, MA, for John J. Petruzzi, William E. Forrester Incorporated.

OPINION AND ORDER

LINDSAY, District Judge.

The Massachusetts Workers' Compensation Trust Fund ("WCTF" or "Fund") has appealed an order of the bankruptcy court which determined that a claim for reimbursement, filed by WCTF against a bankruptcy estate, was not entitled to priority status as an excise tax under the Bankruptcy Code. After considering the parties' arguments, the court AFFIRMS the decision of the bankruptcy court, although on grounds somewhat...

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