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IN RE PURITAN DAIRY PRODUCTS, INC.

No. 79-2614.

633 F.2d 1183 (1981)

In re PURITAN DAIRY PRODUCTS, INC., Bankrupt. A. W. BECK, Trustee, Plaintiff-Appellant, Cross-Appellee, v. The SOUTHLAND CORPORATION, a Texas Corporation, qualified to do business in the State of Florida; et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

January 9, 1981.

Attorney(s) appearing for the Case

Samuel L. Heller, Fort Lauderdale, Fla., for A. W. Beck.

Mershon, Sawyer, Johnston, Dunwody & Cole, Timothy J. Norris, Miami, Fla., for Southland Corp.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

PER CURIAM:

On February 9, 1977 Puritan Dairy Products, Inc. was adjudicated a bankrupt. Beck, trustee for the bankrupt, filed a complaint in bankruptcy court on December 28 against Southland Corporation, alleging among other counts that an assignment by Puritan to Southland of a security interest in certain dairy equipment1 was a voidable preference, and asking the court to determine the validity of the lien under Bankruptcy Rule 701...

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