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IN RE SCOTT CABLE COMMUNICATIONS, INC.

Bankruptcy No. 98-51923(AHWS). Adversary No. 98CV5104(AWT).

259 B.R. 536 (2001)

In re SCOTT CABLE COMMUNICATIONS, INC. United States of America, Plaintiff-Appellant, v. State Street Bank and Trust Company, Defendant-Appellee, Scott Cable Communications, Inc., Intervenor-Appellee.

United States District Court, D. Connecticut.

March 9, 2001.

Attorney(s) appearing for the Case

Alan H. Katz, New Orleans, LA.

Ann M. Nevins, Asst. U.S. Attorney, U.S. Attorney's Office, Bridgeport, CT.

Tally F. Parker, Jr., Parker and Marks, PC, Irving, TX.

Joan E. Pilver, Office of Attorney General, Hartford, CT.

OPINION AND ORDER

THOMPSON, District Judge.

The United States Internal Revenue Service (the "IRS") filed an adversary proceeding seeking a determination that the debt evidence by certain notes issued by the debtor should be recharacterized as preferred equity or the claims of the note-holders should be equitably subordinated to the IRS's claim, notwithstanding the fact that a confirmation order in a prior bankruptcy proceeding determined the notes to be...

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