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IN RE S & D FOODS, INC.

Bankruptcy No. 89 B 06041 J, Adv. No. 89 J 1230.

110 B.R. 34 (1990)

In re S & D FOODS, INC., f/k/a Consolidated Pet Foods, Inc., Debtor. CONSOLIDATED PET FOODS, INC., et al., Plaintiff(s), v. MILLARD REFRIGERATED SERVICES, INC., et al., Defendant(s).

United States Bankruptcy Court, D. Colorado.

January 26, 1990.

Attorney(s) appearing for the Case

Garry R. Appel, Michael J. Guyerson, and Darrell Daley, Esq., Rothgerber, Appel, Powers & Johnson, Denver, Colo., for plaintiffs.

Stephen W. Seifert, Eric R. Jonsen, and Gregory J. Anderson, Fairfield and Woods, P.C., Denver, Colo., Leo A. Knowles, James G. Powers, Esq., McGrath, North, Mullin & Kratz, P.C., Omaha, Neb., for defendants.

MEMORANDUM OPINION AND ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER came on for hearing on January 17, 1990, upon Plaintiff's Motion for Partial Summary Judgment and Defendants' Motion to Dismiss.

UNDISPUTED FACTS

1. On September 1, 1988, the Debtor and Millard Refrigerated Services, Inc. ("MRS") entered into a Confidentiality Agreement.

2. On November 2, 1988, Debtor executed...

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