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FASANO/HARRISS PIE CO. v. FOOD MARKETING ASSOC.

Bankruptcy No. HK 82-01553, Adv. No. 82-0996.

70 B.R. 285 (1987)

In the Matter of FASANO/HARRISS PIE CO., Walter E. Heller & Company, and Richard C. Remes, Trustee, Plaintiff-Appellee, v. FOOD MARKETING ASSOCIATES, LTD., Defendant-Appellant.

United States District Court, W.D. Michigan, S.D.

January 28, 1987.

Attorney(s) appearing for the Case

Larry Ver Merris, Grand Rapids, Mich., for plaintiff-appellee.

Douglas R. Beach, Kaveney, Beach, Russell, Bond & Mittleman, Clayton, Mo., Lawrence J. Fleming, London, Greenberg & Pleban, St. Louis, Mo., Robert D. Mollhagen, Kalamazoo, Mich., for defendant-appellant.

OPINION

BENJAMIN F. GIBSON, District Judge.

This matter is before the Court on appeal from the decision of the United States Bankruptcy Court for the Western District of Michigan. In the proceedings below Walter Heller, a secured creditor of the debtor, Fasano/Harris Pie Company ("Fasano/Harriss"), and Richard Remes, the trustee in bankruptcy, brought an action against Food Marketing Associates, Ltd. ("FMA"), appellant, to recover amounts owed for frozen...

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