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IN RE ELLETT

Bankruptcy No. 94-25454-A-13, Adversary No. 97-2820.

300 B.R. 768 (2003)

In re James ELLETT, Debtor. James Ellett, Plaintiff, v. Gerald Goldberg, Executive Director of the Franchise Tax Board, Defendant.

United States Bankruptcy Court, E.D. California, Sacramento Division.

March 13, 2003.

Attorney(s) appearing for the Case

Kristian D. Whitten, Deputy Attorney General, San Francisco, CA, Lawrence K. Keethe, Deputy Attorney General, Sacramento, CA, for defendant Gerald Goldberg.

Robert N. Kolb, Esq., Antioch, CA, for plaintiff James Ellett.

MEMORANDUM DECISION

MICHAEL S. MCMANUS, Chief Judge.

Defendant Gerald Goldberg, the executive director of the Franchise Tax Board ("FTB"), moves for an order dismissing this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) as incorporated by Fed. R. Bankr.P. 7012, on the ground that the U.S. Supreme Court's recent opinion in Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743

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