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IN RE FOODSOURCE, INC.

Bankruptcy Appeal No. C-90-2336 EFL.

130 B.R. 549 (1991)

In re FOODSOURCE, INC., Debtor. In re FOODSOURCE SALES CORPORATION, Debtor. Charles E. SIMS, et al., Plaintiffs, v. Charles DUCK, et al., Defendants.

United States District Court, N.D. California.

July 16, 1991.

Attorney(s) appearing for the Case

Timothy A. Colvig, Lempres & Wulfsberg, Oakland, Cal., for Charles E. Sims, trustee.

David Bordon, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for Fidelity and Deposit Co. of Maryland.

Peter C. Haley, Knecht, Haley, Lawrence & Smith, San Francisco, Cal., for Trans-America Ins. Co.

MEMORANDUM OPINION

LYNCH, District Judge.

I. SUMMARY

This case involves a dispute between sureties and a bankruptcy trustee over liability for certain defalcations that Charles E. Duck committed during his term as Chapter 11 trustee in the FoodSource consolidated bankruptcy proceedings. It comes on appeal from an interlocutory order of the federal bankruptcy court for the Northern District of California. This Court has jurisdiction pursuant to 28...

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