MEMORANDUM AND ORDER
ENGLAND, District Judge.
Appellant Gerald Goldberg ("Goldberg") Executive Director of the Franchise Tax Board ("FTB"), appeals the Bankruptcy Court's Order denying his motion to dismiss adversary proceedings filed by Debtor and Appellee, James Ellett ("Ellett"). Goldberg asserts that the Supreme Court's recent decision in Federal Maritime Commission v. South Carolina State Ports Authority,
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