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IN RE BUFFETS HOLDINGS, INC.

Bankruptcy No. 08-10141 (MFW). Adversary No. 09-50894 (MFW).

455 B.R. 94 (2011)

In re BUFFETS HOLDINGS, INC., a Delaware corporation, et al., Debtors. Buffets, Inc., Hometown Buffet, Inc., OCB Restaurant Company, LLC, OCB Purchasing Co., Tahoe Joe's, Inc., OCB Leasing Company, LLC, Plaintiffs, v. California Franchise Tax Board, Defendant.

United States Bankruptcy Court, D. Delaware.

August 15, 2011.

Attorney(s) appearing for the Case

Michael S. Neiburg, Ryan M. Bartley, Sean T. Greecher, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Plaintiffs.

Ayesha Chacko Bennett, Mark T. Hurford, Campbell & Levine, LLC, Wilmington, DE, for Defendant.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

The issues presented by the summary judgment motions before the Court are (1) whether the FTB2 used an appropriate method to apportion the share of the Debtors' unitary business income that is taxable to California when calculating its amended claims and (2) whether the Debtors qualified for the...

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