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IN RE MICROAGE CORP.

No. BR-00-03833, No. BR-00-03840-ECF-CGC to BR-00-03850-ECF-CGC.

288 B.R. 842 (2003)

In re MICROAGE CORPORATION, a Delaware corporation, et al., Debtors.

United States Bankruptcy Court, D. Arizona.

January 7, 2003.

Attorney(s) appearing for the Case

Charles A. Pulaski, Jr., Donald B. Gaffney, Todd B. Tuggle, Snell & Wilmer, Phoenix, AZ, for Debtors.

Susan Freeman, Lewis and Roca, Phoenix, AZ, for Creditors Committee.

Denise Ann Faulk, Arizona Attorney General's Office, Phoenix, AZ, for State of Arizona ex rel. Arizona Dept. of Revenue.

Christopher J. Pattock, Phoenix, AZ, U.S. Trustee.

UNDER ADVISEMENT MEMORANDUM DECISION RE: DEBTORS' OBJECTION TO CLAIMS OF ARIZONA DEP'T OF REVENUE AND MOTION FOR DETERMINATION OF DEBTORS' RIGHT TO TAX REFUND

CHARLES G. CASE, II, Bankruptcy Judge.

I. The Issue

This case squarely presents whether this Court can constitutionally require the State of Arizona ("State") to litigate Debtor's entitlement to a disputed tax refund in bankruptcy court or whether it is immune from such...

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