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IN RE RACING SERVICES, INC.

Bankruptcy No. 04-30236. Adversary No. 06-7020.

482 B.R. 276 (2012)

In re RACING SERVICES, INC., Debtor. PW Enterprises, Inc, a Nevada corporation, Plaintiff, v. State of North Dakota, a governmental entity; North Dakota Racing Commission, a regulatory agency; North Dakota Breeders Fund, a special fund; North Dakota Purse Fund, a special fund; North Dakota Promotions Fund, a special fund, Defendants.

United States Bankruptcy Court, D. North Dakota.

October 19, 2012.

Attorney(s) appearing for the Case

Henry T. Wang, Minneapolis, MN, Phillip L. Kunkel, Gray Plant Mooty, P.A., St. Cloud, MN, Leanna M. Anderson, Martin J. Foley, SNR Denton U.S. LLP, Michael B. Lubic, Sonnenschein Nath & Rosenthal LLP, Los Angeles, CA, for Plaintiff.

Douglas B. Anderson, Assistant Attorney General, Bismarck, ND, Roger J. Minch, Serkland Law Office, Fargo, ND, for Defendants.

MEMORANDUM AND ORDER

THAD J. COLLINS, Bankruptcy Judge.

PW Enterprises, Inc. (PWE), an unsecured creditor of Debtor, Racing Services, Inc. (RSI), filed this adversary proceeding on February 2, 2006. PWE asserted various claims for relief, including disallowance of the State's claim for unpaid taxes, denial of priority status for the State's claim, equitable subordination of the State's claim, and the avoidance and recovery of allegedly preferential and fraudulent...

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