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IN RE LOMBARDO FRUIT AND PRODUCE CO.

Bankruptcy No. 89-01101-BSS, Adv. No. 89-0177-BSS.

107 B.R. 952 (1989)

In re LOMBARDO FRUIT AND PRODUCE COMPANY, Debtor. TOM LANGE COMPANY, INC. and Pupillo Brokerage, Plaintiffs, v. LOMBARDO FRUIT AND PRODUCE COMPANY and Uni-Fin Corporation, Defendants.

United States Bankruptcy Court, E.D. Missouri, E.D.

December 13, 1989.

Attorney(s) appearing for the Case

Stephen P. McCarron, Steven H. Kerbel, Silver Spring, Md., Richard A. Ahrens, David Rubin, St. Louis, Mo., for Tom Lange Co. and Pupillo Brokerage Co.

Scott A. Greenberg, Clayton, Mo., for Gary Lombardo.

David A. Sosne, Clayton, Mo., trustee.

Jerome I. Kaskowitz, Clayton, Mo., Jeffrey Blumenthal, Chicago, Ill., for Uni-Fin Corp.

MEMORANDUM OPINION AND ORDER INTRODUCTION

BARRY S. SCHERMER, Bankruptcy Judge.

On July 17, 1989, plaintiff, Tom Lange Company, Inc. (hereinafter "Lange"), filed a complaint against Defendant, Uni-Fin Corporation (hereinafter "Uni-Fin"), seeking to preserve and enforce trust benefits as an unpaid seller of perishable agricultural commodities under the Perishable Agricultural Commodities Act (hereinafter "PACA"), 7 U.S.C. § 499a et seq. Uni-Fin holds...

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