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IN RE ALFAR DAIRY, INC.

No. 71-2970.

458 F.2d 1258 (1972)

In the Matter of ALFAR DAIRY, INC., Debtor. PALM BEACH COUNTY BOARD OF PUBLIC INSTRUCTION, Appellant, v. ALFAR DAIRY, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 23, 1972.

Attorney(s) appearing for the Case

Billy R. Jackson, James M. Gann, Howard M. Antevil, Jackson & Jackson, Palm Beach, Fla., for appellant.

Booher & McGrotty, J. B. Booher, Fort Lauderdale, Fla., for appellee.

Commissioner of Internal Revenue, Washington, D. C., Secretary of the Treasury, Washington, D. C., Security & Exchange Commission, Atlanta, Ga., for other interested parties.

Before TUTTLE, GEWIN and THORNBERRY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 23, 1972.

THORNBERRY, Circuit Judge:

On June 8, 1966, the School Board of Palm Beach County, Florida (the Board) contracted with Alfar Dairy, Inc. to purchase milk for the 1966-67 school year at a price of $.0578 per one-half pint. Deliveries commenced on August 29. On October 13, Alfar filed a voluntary petition under Chapter XI of the Bankruptcy Act (the Act). The bankruptcy court appointed Alfar Dairy, Inc. Debtor...

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