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IN RE ELLETT

No. 00-15128.

254 F.3d 1135 (2001)

In re: James ELLETT, Debtor. Gerald Goldberg, Executive Director of the Franchise Tax Board, Appellant, v. James Ellett, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2001.

As Amended on Denial of Rehearing and Rehearing August 27, 2001.

Attorney(s) appearing for the Case

Kristian D. Whitten, Deputy Attorney General, San Francisco, California, for the Defendant-Appellant.

Robert N. Kolb, Antioch, California, for the Plaintiff-Appellee.

Before: Diarmuid F. O'SCANNLAIN, A. Wallace TASHIMA, and Sidney R. THOMAS, Circuit Judges.

Argued and Submitted May 16, 2001 — San Francisco, California.

As Amended on Denial of Rehearing and Rehearing En Banc August 27, 2001.

O'SCANNLAIN, Circuit Judge:

We must decide whether a bankruptcy court may enjoin a state tax official from collecting state taxes purportedly discharged in a bankruptcy proceeding in which the State declined to participate.

I

Gerald Goldberg, Executive Director of the Franchise Tax Board of...

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