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IN RE HARRIS

Bankruptcy No. 96-08787 PHX JMM, Adversary No. 97-517.

228 B.R. 740 (1998)

In re David L. HARRIS, Dolores Harris, husband and wife, Debtors. David L. Harris, Dolores Harris, husband and wife, Plaintiffs, v. United States of America and The State of Arizona, Defendants.

United States Bankruptcy Court, D. Arizona.

November 3, 1998.

Attorney(s) appearing for the Case

Tracy S. Essig, Lisa Perry Banen, Ass't. Attorney General, Phoenix, AZ, for Arizona Dept. of Revenue.

Eileen Hollowell, Mesch, Clark & Rothschild, P.C., Tucson, AZ, for Debtors.

MEMORANDUM DECISION RE: MOTION FOR SUMMARY JUDGMENT

JAMES M. MARLAR, Bankruptcy Judge.

Two Motions for Summary Judgment have been filed and argued. The State of Arizona (ADOR) filed one such Motion, and the debtors filed the other. The state was represented at oral argument by Tracey S. Essig and Lisa Perry Banen; the debtors were represented by Eileen Hollowell. After considering oral argument, reviewing the law and the facts, the court now rules.

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