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IN RE BLIEMEISTER

No. 01-16058.

296 F.3d 858 (2002)

In re Kathryn BLIEMEISTER, Debtor, State of Arizona, ex rel Industrial Commission of Arizona, Appellant, v. Kathryn Bliemeister, Appellee, and Stanley Fogler, Trustee.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2002.

Attorney(s) appearing for the Case

Denise A. Faulk, Assistant Attorney General, Phoenix, Arizona, for the appellant.

Ronald J. Ellett, Ellett Law Offices, Phoenix, AR, for the appellee.

Susan M. Freeman, Lewis and Roca, Phoenix, AR, for the amicus.

Before: LAY, THOMPSON and TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge.

We must decide whether the State of Arizona waived any sovereign immunity it might have had available to it and consented to suit in a federal bankruptcy court adversary proceeding. We hold that the State made a tactical decision to waive its immunity in this instance and that the debtor's obligation to the State was properly discharged. We therefore affirm.

I

Kathryn Bliemeister (Bliemeister) and her former...

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