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IN RE NORTHEAST DAIRY CO-OP. FEDERATION, INC.

Bankruptcy No. 85-00721, Adv. No. 85-0084.

72 B.R. 663 (1987)

In re NORTHEAST DAIRY COOPERATIVE FEDERATION, INC., Debtor. NORTHEAST DAIRY COOPERATIVE FEDERATION, INC., Plaintiff, v. DELLWOOD FOODS, INC., Eastern Milk Producers Cooperative Association, Inc., Sunnydale Farms, Inc., Thomas A. Wilson as Market Administrator, John R. Block, U.S. Secretary of Agriculture, Canajoharie Cooperative Milk Producers, Inc., Poland Milk Producers Cooperative Dairies, Inc., Schoharie County Cooperative Dairies, Inc., and Hershey Foods Corporation, Defendants.

United States Bankruptcy Court, N.D. New York.

March 11, 1987.

Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse, N.Y., for debtor; Donald J. Kemple, of counsel.

Botein, Hays & Sklar, New York City, for Dellwood Foods, Inc.; James Altman, of counsel.

Williams, Micale & Wells, Syracuse, N.Y., for Eastern Milk Producers Co-op. Ass'n, Inc.; Peter N. Wells, of counsel.

Moses & Singer, New York City, for Sunnydale Farms, Inc.; David Rebinowitz, of counsel.

Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Syracuse, N.Y., for Thomas A. Wilson, Market Adm'r; William H. Pease, Asst. U.S. Atty., of counsel.

Kevin F. Meckus, Dept. of Agriculture, Washington, D.C., for John R. Block, U.S. Secretary of Agriculture.

McPhillips, Fitzgerald, Meyer & McLenithan, Glens Falls, N.Y., for Canajoharie Co-op. Milk Producers, Inc. and Schoharie County Co-op. Dairies, Inc.; James D. Horowitz, of counsel.

Walter G. Pratt, Utica, N.Y., for Poland Milk Producers Co-op. Dairies, Inc.

Finkel, Goldstein & Berzow, New York City, for Hershey Foods Corp.; Kevin J. Nash, of counsel.

Menter, Rudin & Trivelpiece, P.C., Syracuse, N.Y., for Creditors' Committee; Peter L. Hubbard, of counsel.

MEMORANDUM-DECISION, PROPOSED FINDINGS OF FACT, PROPOSED CONCLUSIONS OF LAW, AND PROPOSED ORDER PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE 7056

STEPHEN D. GERLING, Bankruptcy Judge.

On August 30, 1985, Northeast Dairy Cooperative Federation, Inc. ("Nedco") commenced a voluntary bankruptcy case under Chapter 11 of Title 11 of the United States Code ("Code") by filing a petition in the United States Bankruptcy Court for the Northern District of New York...

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