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IN RE SUPERIOR BOAT WORKS, INC.

Bankruptcy No. 93-22018. Adversary No. 94-2131. No. 4:99CV99-D.

246 B.R. 259 (2000)

In re SUPERIOR BOAT WORKS, INC., Debtor. Mississippi State Tax Commission, Appellant, v. Superior Boat Works, Inc., Lady Luck Mississippi, Inc., Blue Sea Development Co., Inc. and Andrew Tompkins, Appellees.

United States District Court, N.D. Mississippi, Greenville Division.

Decided March 7, 2000.

Attorney(s) appearing for the Case

John G. Gourlay, Jr., Gerald & Brand, Jackson, MS, Clayton J. Swank, III, Clayton J. Swank, III, Attorney, Madisonville, LA, for Superior Boat Works, Inc., Debtor.

Brenda Greer Cameron, Mississippi State Tax Commission, Jackson, MS, for Mississippi State Tax Commission, appellant.

William M. Beasley, Phelps Dunbar, Tupelo, MS, for Lady Luck Mississippi, Inc., Blue Sea Development, Co., Inc., Andrew Tompkins, appellees.

R. Michael Bolen, U.S. Trustee's Office, Jackson, MS, pro se.

OPINION

DAVIDSON, District Judge.

This matter comes before the court on appeal from the United States Bankruptcy Court for the Northern District of Mississippi. The Mississippi State Tax Commission (the Commission) appeals the judgment of the bankruptcy court finding that the contractual transaction between the Debtor, Superior Boat Works, Inc., and Lady Luck Mississippi, Inc., Blue Sea Development Co., Inc., and/or Andrew Tompkins, for construction...

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