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IN RE WHITE TRAILER CORP.

Bankruptcy No. 96-40623. Adversary No. 00-4013.

266 B.R. 390 (2000)

In re WHITE TRAILER CORPORATION, White Trailer Inc., Debtors. Daniel L. Freeland, Trustee, Plaintiff, v. Internal Revenue Service, Defendant.

United States Bankruptcy Court, N.D. Indiana, Hammond Division at Lafayette.

November 30, 2000.

Attorney(s) appearing for the Case

Sheila A. Ramacci, Highland, IN, for Trustee.

Jennifer Gazaille, Washington, DC, for I.R.S.

DECISION

ROBERT E. GRANT, Bankruptcy Judge.

The complaint in this adversary proceeding asks the court to equitably subordinate a portion of the Internal Revenue Service's priority tax claim because it has failed to pursue the collection of those taxes from a third party who, allegedly, is also responsible for their payment. The United States contends that the complaint fails to state a claim upon which relief can be granted and seeks dismissal pursuant...

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