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IN RE NORTHEAST DAIRY COOPERATIVE FEDERATION, INC.

Misc. No. 1785.

76 B.R. 910 (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., Thomas A. Wilson, as Market Administrator, John R. Block, United States 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 District Court, N.D. New York.

August 6, 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 Co-op.; Peter N. Wells, of counsel.

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

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

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

McPhillips, Fitzgerald, Meyer & McLenithan, Glen Falls, N.Y., for Canajoharie-Co-op and Schoharie Co-op; James D. Horowitz, of counsel.

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

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.

ORDER

MUNSON, Chief Judge.

This matter is before the court upon the parties' motions for summary judgment pursuant to Bankruptcy Rule 7056. Bankruptcy Judge Stephen D. Gerling has issued proposed findings of facts and conclusions of law pursuant to 28 U.S.C. § 157(c)(1).

All of the defendants except defendants Dellwood Foods, Inc. ("Dellwood"), Sunnydale Farms, Inc. and Hershey Foods Corporation have filed "notices of appeal" with the bankruptcy...

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