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IN RE STRAIGHT

BAP No. WY-99-020. Bankruptcy No. 95-10007. Adversary No. 96-1008.

248 B.R. 403 (2000)

In re Beverly A. STRAIGHT, doing business as Centerline Traffic Control & Flagging, Debtor. Beverly A. Straight, doing business as Centerline Traffic Control & Flagging, Plaintiff-Appellee, v. Wyoming Department of Transportation, Defendant-Appellant. New York County Lawyers' Association, Amicus Curiae.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

May 15, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:* Gay Woodhouse, Attorney General, Martin L. Hardsocg, Assistant Attorney General, and Jennifer A. Golden, Senior Assistant Attorney General, Cheyenne, Wyoming, for Defendant-Appellant.

Stephen R. Winship of Winship & Winship, P.C., Casper, Wyoming, for Plaintiff-Appellee.

Leonard H. Gerson of Angel & Frankel, P.C., New York City, for Amicus Curiae.

Before PUSATERI, BOULDEN, and ROBINSON, Bankruptcy Judges.

OPINION

PUSATERI, Bankruptcy Judge.

Asserting a violation of its sovereign immunity, the Wyoming Department of Transportation ("the DOT") moved to dismiss an adversary proceeding filed against it by Beverley A. Straight ("Straight"), the Chapter 7 debtor. Straight's adversary proceeding seeks damages against the DOT resulting from the DOT's violation of 11 U.S.C. §§ 362(a) and 525(a) when it revoked Straight's "Disadvantaged Business Enterprise...

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