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IN RE MARVIN PROPERTIES, INC.

BAP No. NC-87-1149-MeAsE.

76 B.R. 150 (1987)

In re MARVIN PROPERTIES, INC., Debtor. CONSOLIDATED MARKETING, INC., Appellant, v. MARVIN PROPERTIES, INC., dba Cut & Ready Foods, Robert Crane, Marvin Feinstein and the Bank of California, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided July 17, 1987.

Attorney(s) appearing for the Case

Robert W. Shapiro, King, Johnson & Shapiro, Oakland, Cal., for appellant.

Duane M. Geck, Severson, Werson, Berke & Melchior, San Francisco, Cal., for appellees.

Before MEYERS, ASHLAND and ELLIOTT, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

This case involves the issue of whether a creditor fulfilled the requirements of the Perishable Agricultural Commodities Act ("PACA") to preserve the benefits of a statutory trust. The Bankruptcy Court found that where the written notice required by PACA is not given, the buyer's receipt of actual notice does not save the trust. We AFFIRM the decision of the Bankruptcy Court.

II

BACKGROUND...

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