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IN RE INDUSTRIAL COMMERCIAL ELECTRICAL, INC.

No. 04-40038-WGY.

319 B.R. 35 (2005)

In re INDUSTRIAL COMMERCIAL ELECTRICAL, INC., I.C.E. Management Corp., and I.C.E.-Conn, Inc., Debtors. United States Internal Revenue Service, Appellant, v. Official Committee of Unsecured Creditors of Industrial Commercial Electrical, Inc., I.C.E. Management Corp., and I.C.E.-Conn, Inc., Appellee.

United States District Court, D. Massachusetts.

January 4, 2005.

Attorney(s) appearing for the Case

Carl D. Aframe, Aframe, Barnhill & Von Timroth, P.A., Worcester, MA, for I.C.E. Management Corporation, I.C.E.-Conn, Inc., Industrial Commercial Electrical, Inc., Appellee.

Michael J. Fencer, Jager Smith, P.C., Boston, MA, for Official Committee of Unsecured Creditors, I.C.E. Management Corporation, I.C.E.-Conn, Inc., Appellee.

Barry E. Reiferson, U.S. Department of Justice, Trial Attorney, Tax Division, Washington, DC, for United States of America, Appellant.

Michael J. Sullivan, United States Attorney's Office, Boston, MA, for United States of America.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

This is an appeal, brought under 28 U.S.C. § 158(a)(1), from an order disallowing an administrative claim by the United States Internal Revenue Service ("IRS") in the joint Chapter 11 proceedings regarding Industrial Commercial Electrical, Inc. ("ICE"), I.C.E. Management Corp. ("Management"), and I.C.E.-Conn., Inc. (ICE-Conn.) (collectively "debtors"). After filing for bankruptcy, Management filed an amended...

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