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IN RE EXACT TEMP, INC.

Bankruptcy No. 96-36586, Adversary No. 97-3008.

231 B.R. 566 (1999)

In re EXACT TEMP, INC., Debtor. Karen E. Bezner, Trustee, Plaintiff, v. East Jersey State Prison, Tenant Contractors, Inc., And Habcore, Inc., Defendants.

United States Bankruptcy Court, D. New Jersey.

March 25, 1999.

Attorney(s) appearing for the Case

Karen E. Bezner, Scotch Plains, NJ, for Karen E. Bezner, Plaintiff/Trustee.

Andrew R. Sapolnick, Deputy Attorney General, Trenton, NJ, for East Jersey State Prison, Defendant.

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This matter is before the court on East Jersey State Prison's ("EJSP") motion to vacate the judgment by default and to dismiss the complaint and the plaintiff's cross-motion for inventory and turnover of assets for sale. The issue presented is whether the filing of a proof of claim by one state agency waives the Eleventh Amendment immunity of another state agency pursuant to section 106(b) of...

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