MATTER OF DADE COUNTY DAIRIES, INC.

No. 77-841-BK-SMA-B.

474 F.Supp. 438 (1979)

In the Matter of DADE COUNTY DAIRIES, INC., Bankrupt. SAMFEL, INC., Appellant, v. William ROEMELMEYER, as Trustee in Bankruptcy of Dade County Dairies, Inc., Appellee.

United States District Court, S. D. Florida.

August 7, 1979.


Attorney(s) appearing for the Case

Stephen Judson, Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, Fla., for Trustee.

Martin Sandler, Sandler & Sandler, Miami, Fla., for Samfel, Inc.


ORDER OF REVERSAL

ARONOVITZ, District Judge.

THIS CAUSE is before the Court on appeal from an order of the Honorable Thomas C. Britton denying the motion for payment of administrative rent filed by Samfel, Inc. ("Samfel") in the bankruptcy proceeding of Dade County Dairies, Inc. ("Dade County Dairies").

The parties do not contest the underlying facts. The real estate upon which the dairy was built was purchased by Sam Feldman in 1955 and was owned...

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