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IN RE BROWN

No. 00-5165.

248 F.3d 484 (2001)

In re Tonya Mae BROWN, Eugene and Anita Toivonen, and Doris Ann Berry, Debtors. Internal Revenue Service, Appellee, v. Henry Edward Hildebrand, III, Trustee, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2001.

Attorney(s) appearing for the Case

Michael J. Martineau, U.S. Dept. of Justice, Tax Division, Bruce R. Ellisen (briefed), Alice L. Ronk (argued and briefed), U.S. Dept. of Justice, App. Section Tax Div., Rachel I. Wollitzer, U.S. Dept. of Justice, Tax Div., App. Section, Washington, DC, for Appellee.

ARGUED: Henry Edward Hildebrand, III, (argued CHAPTER 13 STANDING TRUSTEE, and briefed), Chapter 13 Standing Trustee, Nashville, Tennessee, for Appellant.

Alice L. Ronk, UNITED STATES DEPARTMENT OF JUSTICE, APPELLATE SECTION TAX DIVISION, Washington, D.C., for Appellee.

ON BRIEF: Henry Edward Hildebrand III, CHAPTER 13 STANDING TRUSTEE, Nashville, Tennessee, for Appellant.

Alice L. Ronk, Bruce R. Ellisen, UNITED STATES DEPARTMENT OF JUSTICE, APPELLATE SECTION TAX DIVISION, Washington, D.C., for Appellee.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; GAUGHAN, District Judge.

OPINION

KENNEDY, Circuit Judge.

The Bankruptcy Trustee brought this appeal from the district court's judgment reversing the decision of the bankruptcy court and remanding for further proceedings consistent with the district court's opinion. The creditor, the Internal Revenue Service (IRS or Service), urges us to dismiss this appeal for lack of subject matter jurisdiction by virtue of the fact that the district court's decision was not a final judgment and...

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