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IN RE MANTZ

No. 02-16113.

343 F.3d 1207 (2003)

In re: Roger E. MANTZ and Sandra J. Mantz, Roger E. Mantz; Sandra J. Mantz, Appellants, v. California State Board of Equalization, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2003.

Attorney(s) appearing for the Case

John S. Bartlett, Carson City, Nevada, for the appellants.

Peter L. Duncan, Barbara R. Gross, Pyle, Sims, Duncan & Stevenson, San Diego, California; J. Michael Oakes, Las Vegas, Nevada, for the appellee.

Before: DOROTHY W. NELSON, WILLIAM A. FLETCHER, Circuit Judges, and WILLIAM ALSUP, District Judge.

Argued and Submitted June 13, 2003 — San Francisco, California.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

Roger and Sandra Mantz filed for Chapter 11 bankruptcy on May 23, 2000. The California State Board of Equalization ("SBE") filed a proof of claim for over $1 million in taxes, interest, and penalties. The Mantzs objected to the SBE's proof of claim. The bankruptcy court found that it lacked subject matter jurisdiction under 11 U.S.C...

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