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IN RE JOHN DeFRANCESCO & SONS, INC.

Bankruptcy No. 89-11319-HAL.

114 B.R. 335 (1990)

In re JOHN DeFRANCESCO & SONS, INC., Debtor.

United States Bankruptcy Court, D. Massachusetts.

January 9, 1990.

Attorney(s) appearing for the Case

Jeffrey A. Schreiber, Schreiber & Associates, Salem, Mass., for debtor.

Gladys Shapiro, Boston, Mass., for S. Strock & Sons.

Donald W. Murray, John E. Fedele, P.C., Dedham, Mass., for Gold Bell, Inc.

Findings of Fact and Memorandum of Law: The need to comply strictly with the statutory requirements in establishing a trust under the Perishable Agricultural Commodities Act.

HAROLD LAVIEN, Bankruptcy Judge.

A seller of perishable agricultural commodities has moved for turnover against a Debtor by invoking 7 U.S.C. 499e(c), the Perishable Agricultural Commodities Act, which, under certain conditions would create a trust in certain proceeds. Because...

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