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IN RE LANKFORD

Bankruptcy No. 00-36156-SAF-7. Adversary No. 01-3011.

261 B.R. 410 (2001)

In re Larry C. LANKFORD, Debtor. Larry C. Lankford, Plaintiff, v. State of Texas, Comptroller of Public Accounts, Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

March 29, 2001.

Attorney(s) appearing for the Case

Sidney H. Scheinberg, Goldberg & Alexander, Dallas, TX, for Plaintiff.

Mark Browning, Assistant Attorney General, Bankruptcy & Collections Division, Austin, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Bankruptcy Judge.

The Texas Comptroller of Public Accounts moves to dismiss this adversary proceeding based on the immunity from suit granted to the State of Texas by the Eleventh Amendment to the United States Constitution. Larry C. Lankford, the plaintiff and the debtor in a Chapter 7 bankruptcy case pending before this court, opposes the motion, contending that 11 U.S.C. § 106(a) allows the...

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