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IN RE PBBPC, INC.

BAP No. MB 12-042. Bankruptcy No. 09-16725-FJB.

484 B.R. 860 (2013)

PBBPC, INC., f/k/a Biopure Corporation, Debtor. Massachusetts Department of Unemployment Assistance, Appellant, v. OPK Biotech, LLC, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

January 17, 2013.

Attorney(s) appearing for the Case

Daniel J. Hammond, Esq. , and Douglas S. Martland, Esq. , Boston, MA, on brief for Appellant.

Douglas B. Rosner, Esq. , and Gregory O. Kaden, Esq. , Boston, MA, on brief for Appellee.

Before HAINES, DEASY, and TESTER, United States Bankruptcy Appellate Panel Judges.

DEASY, Bankruptcy Judge.

The Massachusetts Department of Unemployment Assistance (the "DUA")1 appeals from the bankruptcy court order (the "Order") enforcing the sale of the debtor's assets free and clear of any interest in said assets, including the DUA's right to tax the purchaser at the debtor's unemployment contribution rate. For the reasons set forth below, the Order is AFFIRMED.

BACKGROUND

I...

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