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IN RE TYCON I BLDG. LTD. PARTNERSHIP

Bankruptcy No. 88-02201-AT, Adv. No. 90-1144-AT.

129 B.R. 78 (1991)

In re TYCON I BUILDING LIMITED PARTNERSHIP, Debtor. TYCON I BUILDING LIMITED PARTNERSHIP, Plaintiff, v. COUNTY OF FAIRFAX, and Old Stone Bank, Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

June 7, 1991.

Attorney(s) appearing for the Case

Bruce W. Henry, Hunton & Williams, Fairfax, Va., for debtor/plaintiff.

Carol A. Joffee, Keck, Mahin & Cate, Washington, D.C., for defendant, Old Stone Bank.

Jill L. Rowe, Asst. Co. Atty., Fairfax, Va., for defendant, County of Fairfax.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

The debtor-in-possession in this chapter 11 case, Tycon I Building Limited Partnership, brought this adversary proceeding seeking payment to it of a $19,362.01 overpayment in county real estate taxes on property previously owned by the debtor. The issue is not whether a refund is justified but whether the refund should be paid by the county to the debtor or to Old Stone Bank, a creditor that sold...

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