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IN RE GUNDRY GLASS, INC.

Bankruptcy No. 98-5-2674-JS. Adversary No. 99-5445-JS.

257 B.R. 422 (2001)

In re GUNDRY GLASS, INC., Debtor. Gundry Glass, Inc., and FINOVA Capital Corp., Plaintiffs, v. The Mayor and City Council of Baltimore and the Internal Revenue Service.

United States Bankruptcy Court, D. Maryland.

January 4, 2001.

Attorney(s) appearing for the Case

Irving E. Walker, Miles & Stockbridge, P.C., Baltimore, MD, for FINOVA Capital Corp.

Mary F. Keenan, Assistant Solicitor, Baltimore, MD, for Mayor and City Council of Baltimore.

Bradley C. Plovan, Office of the U.S. Attorney, Baltimore, MD, for IRS.

Gary R. Greenblatt, Mehlman & Greenblatt, LLC, Baltimore, MD, for Gundry Glass, Inc.

MEMORANDUM OPINION GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

JAMES F. SCHNEIDER, Bankruptcy Judge.

Upon cross motions for summary judgment, this Court is called upon to decide two questions of law, namely whether the debtor and FINOVA Capital Corporation ("FINOVA") may avoid a prepetition tax lien of the Mayor and City Council of Baltimore (the "City") for unpaid personal property taxes, and whether the said municipal tax lien primed an earlier...

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