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IN RE GORDON SEL-WAY, INC.

No. 98-CV-60512-AA.

239 B.R. 741 (1999)

In re GORDON SEL-WAY, INC., Debtor. United States of America, Appellant, v. In re Gordon Sel-Way, Inc., Appellee.

United States District Court, E.D. Michigan.

August 31, 1999.

Attorney(s) appearing for the Case

Robert A. Peurach, John S. Regan, Fitzgerald & Dakmak, Detroit, MI, for Gordon Sel-Way, Inc.

Thomas P. Cole, Department of Justice, Tax Division, Washington, D.C., for United States of America.

OPINION AND ORDER

STEEH, District Judge.

The government has appealed an order of the bankruptcy court denying its motion for a setoff. The setoff at issue arises from an underlying Chapter 11 bankruptcy petition filed by Gordon Sel-Way, Inc. (Sel-Way) which resulted in confirmation of a Plan of liquidation and reorganization. As part of Sel-Way's reorganization Plan, the government's unsecured claim for employment tax penalties was grouped with the...

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