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IN RE HARTMAN MATERIAL HANDLING SYSTEMS, INC.

Bankruptcy Nos. 87 B 11225(BRL)-87 B 11242(BRL), Adv. No. 90-6665A.

141 B.R. 802 (1992)

In re HARTMAN MATERIAL HANDLING SYSTEMS, INC., Allis-Chalmers Corporation, d/b/a American Air Filter Company, Inc., et al., Reorganized Former Debtors. ALLIS-CHALMERS CORPORATION, and John T. Grisby, Jr., Reorganization Trustee, Plaintiffs, v. Fred T. GOLDBERG, Jr., Commissioner of Internal Revenue, Internal Revenue Service, and UNITED STATES of America, Defendants.

United States Bankruptcy Court, S.D. New York.

June 8, 1992.

Attorney(s) appearing for the Case

Davis Polk & Wardwell by Lewis Kaden, Daniel Brockett, New York City, for Reorganization Trustees.

Otto B. Obermaier, U.S. Atty. by Eric Nelson, Asst. U.S. Atty., New York City, for I.R.S.

DECISION ON REQUEST FOR DECLARATORY RELIEF

BURTON R. LIFLAND, Chief Judge.

INTRODUCTION

This matter is before the Court on a summary judgment motion by Hartman Material Handling Systems, Inc., Allis Chalmers Corporation, d/b/a American Air Filter Company, Inc., et al. ("A-C"). A-C seeks interpretation of this Court's confirmation order in the former debtor's bankruptcy case and declaratory relief on the retroactive effect of Internal Revenue Service...

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