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IN RE HIGHLANDERS ALLOYS, LLC

CIVIL ACTION NO. 3:13-7897 (Consolidated with 3:13-7896) BANKRUPTCY NO. 05-30516.

551 B.R. 235 (2014)

IN RE: HIGHLANDERS ALLOYS, LLC, Debtor. Internal Revenue Service, Appellant, v. Highlanders Alloys, LLC, Appellee.

United States District Court, S.D. West Virginia, Huntington Division.

Signed September 30, 2014.

Attorney(s) appearing for the Case

David L. Lerner , Plunkett Cooney , Thomas P. Vincent , Plunkett & Cooney, Bloomfield Hills, MI, Mark A. Ferguson , Sprouse & Ferguson, Charleston, WV, Robert O. Lampl , Pittsburgh, PA, for Debtor.

Benjamin J. Weir , U.S. Department of Justice, Washington, DC, Gary L. Call , U.S. Attorney's Office, Charleston, WV, for Appellant.

David L. Lerner , Plunkett Cooney , Thomas P. Vincent , Plunkett & Cooney, Bloomfield Hills, MI, Mark A. Ferguson , Sprouse & Ferguson, Charleston, WV, Robert O. Lampl , Pittsburgh, PA, for Appellee.

MEMORANDUM OPINION AND ORDER

Pending before the Court is Appellant Internal Revenue Service's ("the Service" or "the IRS") appeal (ECF No. 8) from the Bankruptcy Court's Order dated October 15, 2012. Appellee Highlanders Alloys, LLC ("Highlanders"), has filed a cross-appeal (ECF No. 11). For the reasons...

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