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IN RE T.H. ORLANDO LTD.

No. 04-10012.

391 F.3d 1287 (2004)

In Re: T.H. ORLANDO LTD., Debtor. State of Florida, Department of Revenue, Plaintiff-Appellee, v. T.H. Orlando Ltd., T.H. Resorts Associates Ltd., Kissimmee Lodge Ltd., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 30, 2004.

Attorney(s) appearing for the Case

John K. Olson, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Tampa, FL, for Defendants-Appellants.

Frederick F. Rudzik, State of Fla., Dept. of Rev., Tallahassee, FL, for Plaintiff-Appellee.

Before BLACK, RONEY and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge:

Appellants T.H. Orlando, Ltd., T.H. Resorts Associates, Ltd., and Kissimmee Lodge, Ltd., appeal from the district court's order reversing the bankruptcy court's grant of summary judgment against the Florida Department of Revenue ("FDOR"). The district court concluded as a matter of law that § 1146(c), which exempts from stamp or similar taxes the making or delivery of an instrument of transfer under a confirmed Chapter 11 plan, does...

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