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IN RE ELLETT

Bankruptcy no. 94-25454-a-13. Adversary no. 97-2820.

317 B.R. 134 (2004)

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.

November 1, 2004.

Attorney(s) appearing for the Case

Robert N. Kolb, Antioch, CA, for plaintiff.

Kristian D. Whitten, Deputy Attorney General, California Dept. of Justice, San Francisco, CA, for defendant.

AMENDED MEMORANDUM DECISION

MICHAEL S. MCMANUS, Chief Judge.

Plaintiff James Ellett seeks prospective injunctive relief against Gerald Goldberg, the Executive Director of the Franchise Tax Board, to enjoin him from causing the Franchise Tax Board to collect delinquent pre-petition income taxes on the ground that the plaintiffs liability for these taxes was discharged in bankruptcy. This relief will be denied.

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