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IN RE TOUGHER INDUSTRIES, INC.

Case No. 06-12960, Jointly Administered Case No. 07-10022.

In re: TOUGHER INDUSTRIES, INC., Chapter 7, Debtor. In re: TOUGHER MECHANICAL, INC., Chapter 7, Debtor.

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

March 27, 2013.

Attorney(s) appearing for the Case

Jeremy Smith, Esq. , Couch White, LLP, Albany, New York, Attorneys for Tougher Industries Enterprises, LLC and Tougher Mechanical Enterprises, LLC.

Steven Koton, Esq. , Patricia Kakalec, Esq. , Eric T. Schneiderman, Esq. , New York, New York, Attorney General for the State of New York, Attorney for the New York State Department of Labor.

MEMORANDUM-DECISION AND ORDER

ROBERT E. LITTLEFIELD, Jr., Bankruptcy Judge.

The purchasers of the debtors' assets filed motions to clarify that the language in the "free and clear" sale order relieved them of the debtors' experience ratings as successor employers for purposes of calculating their unemployment insurance tax liabilities. The court granted the relief by orders entered February 24, 2010 and August 2, 2010 (the "Clarification Orders"). Presently...

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