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IN RE AGRICULTURAL BUSINESS CO., INC.

No. 78-1460.

613 F.2d 783 (1980)

In re AGRICULTURAL BUSINESS COMPANY, INC., Bankrupt. Dan E. TURNER, Trustee for the Bankrupt Estate of Agricultural Business Company, Inc., Appellant, v. TENNESSEE VALLEY AUTHORITY, Appellee.

United States Court of Appeals, Tenth Circuit.

January 7, 1980.

Attorney(s) appearing for the Case

Dan E. Turner, Topeka, Kan., for appellant.

James E. Fox, Knoxville, Tenn. (Herbert S. Sanger, Jr., General Counsel, Justin M. Schwamm, Sr., Asst. General Counsel, Don O. Whitehead and Harriet H. Cooter, Attys., Knoxville, Tenn., on the brief), for appellee.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue to be resolved is whether the Tennessee Valley Authority is entitled to a fifth priority under the provisions of 11 U.S.C. § 104(a)(5).1 Stated differently, the issue is whether a debt due the Tennessee Valley Authority is a debt "due the United States" under the provisions of 31 U.S.C. § 191.2

The bankruptcy judge, after an extensive evidentiary hearing...

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