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IN RE ABBOTTS DAIRIES OF PENNSYLVANIA, INC.

Nos. 85-1543, 85-1544.

788 F.2d 143 (1986)

In re ABBOTTS DAIRIES OF PENNSYLVANIA, INC., Pennbrook Foods Company, Inc., the Pennbrook Corp., Abbotts Realty, Inc., Abbotts Holding Co., Inc. Appeal of CUMBERLAND FARMS DAIRY, INC., Appellant No. 85-1543 Appeal of NATIONAL FARMERS' ORGANIZATION, INC., Appellant No. 85-1544

United States Court of Appeals, Third Circuit.

Decided April 14, 1986.

Attorney(s) appearing for the Case

Melvin Lashner (argued), Melvin Lashner Associates, Philadelphia, Pa., for appellant Cumberland Farms Dairy, Inc.

Marvin Beshore (argued), Milspaw & Beshore, Harrisburg, Pa., for appellant Nat. Farmers' Organization, Inc.

Marvin Krasny, Barry D. Kleban (argued), Adelman Lavine Krasny Gold and Levin, Philadelphia, Pa., for appellees Abbotts Dairies of Pennsylvania, et al.

J. Gregg Miller, M. Duncan Grant (argued), Mark S. Haltzman, Richard J. Squadron, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee ADC, Inc.

Alexander N. Rubin, Jr., Robert Lapowsky, Eric M. Hocky, Rubin, Quinn & Moss, Philadelphia, Pa., for intervenor-appellee Official Creditors' Committee of Pennbrook Foods Co., Inc.

Irv Ackelsberg, Community Legal Services, Inc., Philadelphia, Pa., for amicus curiae Consumer Educ. and Protective Assn.

Before ALDISERT, Chief Judge, SEITZ, and ADAMS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The National Farmers' Organization, Inc. ("NFO") and Cumberland Farms Dairy, Inc. ("Cumberland") appeal from a final order of the district court, which dismissed as moot their appeals from an order of the bankruptcy court. This court has jurisdiction over their appeals by virtue of 28 U.S.C. §§ 158(d) and 1291.

I.

On August 10, 1984, Abbotts Dairies of Pennsylvania, Inc., Pennbrook Foods...

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