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IN RE SAN JOAQUIN FOOD SERVICE, INC.

No. 90-16433.

958 F.2d 938 (1992)

In re SAN JOAQUIN FOOD SERVICE, INC., Debtor. BOWLIN & SON, INC., Appellant, v. SAN JOAQUIN FOOD SERVICE, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Joseph Choate, Jr., Choate & Choate, Los Angeles, Cal., for appellant.

Michael H. Meyer, Fresno, Cal., for appellee.

Before TANG, PREGERSON and FERGUSON, Circuit Judges.

TANG, Circuit Judge:

Bowlin & Son, Inc., ("Bowlin") appeals the decision of the bankruptcy appellate panel ("BAP") affirming the bankruptcy court's decision denying Bowlin's motion for relief from automatic stay. Bowlin seeks to recover $238,000 from the debtor, San Joaquin Food Service, Inc., ("San Joaquin") on the ground that this sum is held apart from the bankruptcy estate in a trust created by the federal Perishable Agricultural Commodities Act, 1930, as...

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