MATTER OF SILVER MILL FROZEN FOODS, INC.

Bankruptcy No. HG 80 00025, Adv. No. 81 1827.

32 B.R. 783 (1983)

In the Matter of SILVER MILL FROZEN FOODS, INC., Debtor. Maurice A. EDLEMAN, Trustee, Plaintiff, v. McMULLIN ORCHARDS, Defendant.

United States Bankruptcy Court, W.D. Michigan.

August 17, 1983.


Attorney(s) appearing for the Case

Jeffrey Hughes, Grand Rapids, Mich., for plaintiff.

James Christenson, Grand Rapids, Mich., for defendant.


OPINION

RES JUDICATA, SPLITTING CAUSES OF ACTION

LAURENCE E. HOWARD, Bankruptcy Judge.

This matter is before the Court on a motion for summary judgment by McMullin Orchards based upon the doctrines of res judicata and the prohibition against splitting a single cause of action.

In August, 1979, debtor, Silver Mill Frozen Foods (Silver Mill) agreed to purchase 14,142 thirty pounds pails of frozen RSP cherries from McMullin Orchards (McMullin...

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