IN RE GOTHAM PROVISION CO., INC.

No. 80-5682.

669 F.2d 1000 (1982)

In re GOTHAM PROVISION COMPANY, INC., Debtor/Debtor in Possession, The FIRST STATE BANK OF MIAMI, Appellant, v. GOTHAM PROVISION COMPANY, INC., et al., Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied May 13, 1982.


Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene, Robert J. Paterno, James Carl Pilkey, Miami, Fla., for appellant.

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

Papy, Poole, Weissenborn & Papy, Sheridan Weinstein Weissenborn, Coral Gables, Fla., for Robbie Addison.

Anthony J. Steinmeyer, Al J. Daniel, Jr., Civ. Div., U. S. Dept. of Justice, James M. Kelly, Atty., Dept. of Agriculture, Washington, D. C., for amicus curiae (U. S.).

Shutts & Bowen, Don A. Lynn, Miami, Fla., for W. D. Roberts.

Broad & Cassel, Martin L. Sandler, Miami, Fla., for Ronnie Perkins and Rogers Farm, Inc.

Before MORGAN, TJOFLAT and ANDERSON, Circuit Judges.


R. LANIER ANDERSON, III, Circuit Judge:

This appeal presents the first opportunity for a court of appeals to construe the trust provisions of the 1976 amendments to the Packers and Stockyards Act of 1921 ("the Act"), 7 U.S.C.A. § 181 et seq. (West 1980). In the aftermath of numerous bankruptcies of meat packers in the early 1970's, Congress amended the Packers and Stockyards Act to provide certain livestock producers with some means to ensure that they...

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