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IN RE LOMBARDO FRUIT AND PRODUCE CO.

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

107 B.R. 654 (1989)

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

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

November 9, 1989.

Attorney(s) appearing for the Case

Steven H. Kerbel, Silver Springs, 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., for Uni-Fin Corp.

Jeffrey Blumenthal, Chicago, Ill., for Uni-Fin Corp.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

On July 17, 1989, Plaintiff, Pupillo Brokerage Company (hereinafter "Pupillo"), filed an Adversary Complaint seeking to preserve and enforce trust benefits as an unpaid broker of perishable agricultural commodities under the Perishable Agricultural Commodities Act (hereinafter "PACA"), 7 U.S.C. § 499a et seq. Defendant, Uni-Fin Corporation (hereinafter "Uni-Fin...

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