Limited Gaming of America, Inc. - Page 7




                                                - 7 -                                                  
                  Petitioner’s contentions, as contained in its motion for                             
            partial summary judgment filed November 8, 1999, may be                                    
            summarized as follows:                                                                     
                  Petitioner asserts that its motion for partial summary                               
            judgment encompasses the doctrine of collateral estoppel.  In                              
            support of this contention, petitioner cites to a Memorandum                               
            Opinion filed by the Bankruptcy Court for the Northern District                            
            of Oklahoma on October 1, 1997, and a Memorandum Opinion filed by                          
            the Bankruptcy Court on December 18, 1998.  Petitioner argues                              
            that the October 1, 1997, Memorandum Opinion determined that                               
            there were no income tax deficiencies for the fiscal year ended                            
            February 28, 1993, and that there was an income tax deficiency                             
            for the fiscal year ended February 28, 1994, in the amount of                              
            $5,000.  Petitioner also appears to argue that the December 18,                            
            1998, Memorandum Opinion2 regarding the confirmation plans of                              

            2           On December 18, 1998, the Bankruptcy Court filed an                            
            Order Confirming Plan in which the Court ordered, inter alia:                              
                  that in accordance with the terms of the Third Amended                               
                  Plan of Reorganization the estates of Limited Gaming of                              
                  America, Inc., Case No. 96-00395-M, and Sunrise Island,                              
                  Ltd., Case No. 96-00396-M, be, and the same hereby are,                              
                  substantively consolidated.                                                          
                  It Is Further Ordered that all pleadings and papers                                  
                  related to the Sunrise Island Ltd. matter, Case. No.                                 
                  96-00396-M, shall from the date of this Order be filed                               
                  under Case No. 96-00395-M.                                                           
                  We also note that in paragraph 6y of its petition, the                               
            petitioner averred:                                                                        
                                                                         (continued...)                





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